If you've ever wondered, yes, there have been many common myths and misconceptions about criminal defense and criminal defense attorneys. Our job is to serve people and defend those who find themselves in less fortunate situations, along with teaching and educating them on how to better understand the laws of the place they live in. 

Here in Buffalo and WNY, DuBois Law has worked to instill that in every single one of the clients that we defend in court. These common myths around our practice can relate to the work we do as lawyers, but also the actual laws of the city we reside in, and we want to show you what that looks like.

In this blog, we will explain what the most common myths are around criminal defense and how it relates to the law here in Buffalo and New York State.

Breaking Down the Most Common Myths

Let's look through those common myths and explain what they mean and why people think they are myths:

Myth - Criminal Defense Lawyers ONLY Defend Against Certain Crimes

We represent all types of criminal cases here in Buffalo and WNY, as outlined on our website. So you're probably wondering, “I thought you could only defend certain crimes?” The answer to that is true, but not in the way you think it is.

Criminal defense lawyers can defend any crime, as long as it fits within the purview of what they work on. This is different from when you look at what kind of lawyer can defend a specific crime. If a lawyer works only in civil law, family law, administrative law, or labor law, then it limits what they would be looking for and what they are allowed to defend. Here at DuBois Law, we can defend all cases around crimes like DWI/DUI, murder, weapons charges, drug charges, and more. Over the years, with more experience, we've gained confidence in knowing we can help anyone who's been accused of a crime with criminal defense. 

So when you think about this common myth, what should you do next? The next best thing to do is to make sure you research and look for a truly experienced attorney. 

We've mentioned this in a past blog: “We like to keep the people of WNY educated on their rights so we can navigate the legal system together.” If you can find an experienced lawyer who works to not only defend you but also to educate you, then, regardless of the crimes they defend, you will still be in good hands. 

Myth - Once You're Charged… You're Guilty.

The presumption of innocence is a big point of contention within the world of criminal defense. Not everyone who is charged with a crime is immediately found guilty. 

Your guilt beyond a reasonable doubt must be proven by an actual prosecution, and it rests on the state and the courts to provide proper evidence to support it. This is a fundamental part of learning criminal defense because then you'll be even more prepared for when you need to look for an attorney to defend you.

Now, just so it's made clear, even with a presumption of innocence, that doesn't mean you won't still be held in custody, because you may be. There may be booking and other processes that occur, but ultimately, this is just the beginning of your case, which we will guide you through and help you understand every step of the way. 

Myth - Representing Yourself, Going Cheap, or Using a Public Defender is Fine…

Plain and simple, this is something that we don't recommend anyone do. Legally speaking, you're allowed to represent yourself in court here in the state of New York. The reason why this is considered a myth is that you just don't see it happen often, if at all. Most people tend to hire an attorney to represent them in their defense in order to find a better outcome. 

A person who represents themselves without a lawyer is potentially at risk for making errors or not following the lawful procedures of a court system that a criminal defense attorney would not make. 

If a judge picks up on that, they will be forced to dismiss the case outright. Understanding your local and state laws and court procedures is what attorneys are for. It gives you the best chance of making strong arguments that the prosecution will struggle with, and allows for your outcome to be met with a not guilty order or a minimal guilty one.

Using a Public Defender is your right, but we don't recommend it if your finances can provide a paid attorney. Public defenders will lack the attention to detail or care that a paid attorney will have for you and your case, and the judge will see that you have not taken steps to defend yourself with the best attorney possible. 

This is why we want you to come to us here at DuBois Law! Your questions for us help you more than you know. Education on how criminal defense works and not being quick to judge and understand is what DuBois Law prides itself on. If you need a defense and want to learn more, please reach out through our contact form.

Criminal Defense FAQ

What are the most common myths around criminal defense?

The most common myths in criminal defense revolve around the notion that a person is better off representing themselves, when in reality, criminal law is more complex than you realize, and the consequences of mistakes can be severe. Another myth is about the presumption of innocence. While the law requires the prosecution to prove guilt beyond a reasonable doubt, being charged with a crime doesn't mean the case will go away without a defense. Finally, many people believe criminal defense attorneys only defend against certain crimes, when in fact they defend against a wide range of crimes.

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS IS NOT LEGAL ADVICE. DANIEL DUBOIS AND ANY DUBOIS LAW ATTORNEYS ARE NOT YOUR ATTORNEYS UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.