Getting Off on a Technicality: Can It Happen?
Anyone who has watched police procedurals and courtroom dramas on television has probably seen stories in which an accused criminal gets off on a technicality. While this does happen on occasion, such situations are rare and depend on the incompetence of someone involved in the case, or an error made somewhere along the line. Accused criminals should not pin their hopes on such an event; it is better to rely on the expertise of our Arlington, VA criminal defense lawyer.
What a Technicality Means in Law
“Legal technicality” is not part of the legal profession’s formal jargon, nor does it have a precise definition. Most of the time, it goes to the spirit of the law as opposed to the letter of the law; specifically, following the exact wording (the “letter”) of the law has prevented enforcement of the law’s intentions (or “spirit”).
Legal technicalities may pertain to procedural issues or the substance of the law. Procedural law refers to the various rules and procedures governing a trial, gathering of evidence, and even access to the court. Substantive law is the legal code of a state or nation that governs people’s rights, responsibilities and behavior.
The term itself is vague. It can vary between jurisdictions and even individuals; a criminal defense lawyer in Arlington, VA or the prosecution can use this term to describe any aspect of the law that interferes with the desired outcome.
Examples of Legal Technicalities
Here are some examples of technicalities that can impact a case.
- Scenario 1: police arrive at the home of Robert, a suspected burglar, to search the premises. They discover stolen goods, which are then taken into custody, along with the suspect. During the trial, the court finds that the officers neglected to show Robert a valid search warrant, even though they carried one. As a result, his case is dismissed.
- Scenario 2: several years ago, a Michigan man was convicted of assault with deadly intent. Later, it was discovered that the court had failed to administer the juror’s oath. As a result, the man was granted a second trial.
- Sheila, head of a major corporation, is tried and convicted for fraud and embezzlement. However, a clerk misspelled her name on court documents and the conviction is thrown out.
While a criminal defense lawyer in Arlington, VA may be able to find a technicality to get a suspect off, it is best not to count on a criminal case being dismissed because of it.
Contact Our Arlington Criminal Defense Lawyer Today
At May Law, LLP, our criminal defense lawyers in Arlington VA have successfully defended members of the community who were accused of crimes they did not commit. While someone who has been charged with a crime may have access to a public defender, the quality of representation they receive may be questionable. May Law, LLP have been aggressively litigating criminal defense cases for years, as experienced Arlington VA criminal defense lawyers, we are proud of our track record in protecting the rights of individuals. Homicide is a serious charge, and a conviction will surely result in a long prison sentence as well as costly fines. Even after the prisoner is released, their criminal history will follow them throughout life. Even if they did not actually commit the crime, they will be treated as if they had taken someone’s life. Our criminal defense lawyer that Arlington VA residents rely on will make every effort to protect your rights and work toward a positive outcome.