Yesterday, I had two cases dismissed. Today, I had a case where the prosecutor made an offer before even seeing any evidence or police report. This has made me want to remind people that officers often get it wrong. Even if the officer didn’t get it wrong, the state may not have enough evidence to prove that somebody is guilty.
If you’re arrested, don’t assume that the officer was right in deciding that you broke the law. Officers frequently get this wrong. Some officers have the attitude that if they can’t decide who exactly was going to break the law, they will just arrest everyone and sort it out later. On DWI’s, officers may think that it’s better to arrest a driver even if they’re not sure the driver is intoxicated, because it’s better to be safe than sorry.
You are presumed innocent. You can only be convicted of a crime if you waive your right to a trial and tell the court that you’re guilty or if the state proves that you’re guilty beyond a reasonable doubt. An officer does not need that much evidence to arrest you, so even if the officer was right in arresting you (because he had probable cause to believe that you broke the law) their may not be enough evidence to convict you.
This doesn’t mean that cops always get it wrong or that every case should be dismissed, but it does mean that you should be sure that your attorney has had the chance to review the evidence in your case and decide whether or not the state has a strong case before taking that offer.
If you have any questions about this, feel free to give me a call (210-900-2806) or click below to schedule a Free consultation.
Sean Henricksen Law Firm
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