Russell A. Spatz

trial attorney with
over 40 years of experience
Former Prosecutor And Division Chief In The Office
of The Miami-dade State Attorney
Photo of Russell A. Spatz Esq
Rated By Super Lawyers | Russell A. Spatz | 5 Years
Martindale-Hubbell | AV Preeminent | Peer Rated For Highest Level Of Professional Excellence | 2018
Florida Trend's | Florida Legal Elite
Avvo 10.0 Superb | Top Attorney Criminal Defense
Russell Spatz | Lawyer.com | Premium

6 Common Misconceptions About Criminal Trials

by | May 27, 2025 | Criminal Charges, Criminal Defense |

Many times, people misunderstand what a criminal trial actually looks like. They often assume it’s like the dramatic scenes they see in movies, filled with surprises and last-minute confessions. But in reality, the movies show us a version of the process that’s far removed from what actually happens.

Let’s dive into some of the biggest misunderstandings about how criminal trials actually work, and what you can expect if you’re ever in that position.

 

Misconception #1: “If I’m innocent, I don’t need a lawyer.”

It’s a common and dangerous belief that being innocent automatically protects you from conviction. Unfortunately, the justice system is not perfect, and even innocent people can get caught up in criminal charges. Having a skilled criminal defense attorney is critical because:

  • They protect your constitutional rights: Without a lawyer, you might unknowingly waive important rights or say something that can be used against you, even if you didn’t do anything wrong.
  • They challenge questionable evidence: Sometimes, police or prosecutors rely on weak evidence like unreliable witness statements, flawed lineups, or questionable lab results. A defense lawyer knows how to investigate and challenge that evidence effectively.
  • They build a strategic defense: Even if you’re innocent, the way your defense is presented matters. An experienced attorney gathers witnesses, experts, and documentation that can show the full picture of what happened.

 

Misconception #2: “Trials always happen quickly.”

In movies, it seems like someone gets arrested, and the next day they’re in court facing a jury. In real life, the process is usually much longer and sometimes feels frustratingly slow. Here’s why cases take time to reach trial:

  • Investigations can take weeks or months: Police and prosecutors gather evidence, interview witnesses, and build their case. Meanwhile, your defense team also needs time to investigate and prepare.
  • Pretrial motions are common: These are legal requests made to the judge like asking to exclude certain evidence or to dismiss charges altogether. These motions are crucial to shaping what the jury actually sees and hears.
  • Scheduling conflicts often arise: Courts handle many cases at once, so your trial might be delayed due to other cases on the docket.
  • Discovery must be completed: Both sides need to share evidence before the trial, which can involve reviewing documents, videos, expert reports, and more. This process is time-consuming but essential to a fair trial.

 

Misconception #3: “The jury always decides the case.”

Many people think that every criminal case ends with a jury deliberating and reading a verdict. In reality, most cases are resolved without a jury trial. Here’s what actually happens most of the time:

  • Plea bargains are very common: Prosecutors often offer reduced charges or lighter sentences in exchange for a guilty plea. This can avoid the risk of a harsher sentence at trial.
  • Some cases are dismissed: If the defense can show that the evidence is weak, improperly obtained, or insufficient, the judge may dismiss the charges before trial.
  • Bench trials are an option: In certain cases, a defendant may choose to have a judge (rather than a jury) decide the case. This is called a bench trial and can be quicker and more focused on legal issues rather than emotions.

 

Misconception #4: “The prosecution has to prove the defendant is guilty beyond any doubt.”

The legal standard in a criminal trial is beyond a reasonable doubt, but that’s not the same as beyond all doubt. This is a subtle but important distinction. Reasonable doubt means that if a juror has any reasonable uncertainty about the defendant’s guilt, they must acquit. However, it does not mean that the juror has to be 100% certain or that every single doubt, no matter how unrealistic, must be eliminated. Jurors are instructed to use their common sense and life experiences to decide whether the evidence proves guilt beyond a reasonable doubt.

Understanding this standard is key for both the defense and the prosecution in shaping their arguments and presenting their case.

 

Misconception #5: “If the police didn’t read me my rights, my case gets thrown out.”

This is a common myth, thanks again to TV. Miranda rights only apply when you’re in custody and being interrogated. If police fail to read you your rights, statements you made in response to police questioning after arrest may be excluded from evidence, but the case itself usually doesn’t get dismissed. Other evidence, like physical evidence seized legally or statements you made voluntarily before being arrested can still be used against you. 

Miranda rights also do not apply to spontaneous, unprompted statements, meaning if you blurt something out without being asked, that can still be used. So while Miranda rights are important, not reading them doesn’t automatically end the case.

 

Misconception #6: “A trial is just about telling your side of the story.”

A trial is not a free-for-all where you can tell the jury anything you want. It’s a carefully controlled process governed by strict rules of evidence and procedure.

  • Only certain evidence is allowed: Judges decide what’s relevant and admissible. Some statements might not be allowed at all.
  • Witnesses must be properly vetted: The defense and prosecution both have the right to challenge the credibility of witnesses before they testify.
  • The defense attorney’s job is to guide your story: They know how to present your side in a way that meets legal standards and connects with the jury.

 

Contact a Criminal Defense Attorney Today


If you or a loved one are facing criminal charges, don’t let TV myths cloud your understanding. This should be handled by an attorney who has the experience and knowledge to protect your rights and your freedom no matter what type of charge you are facing.

Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.

A Lawyer With Unparalleled Credentials