WHAT DOES ALL THIS MEAN ?
Why have I taken the time to tell you all of this? What does it mean? And, what can be done about it?
As discouraging, as these facts of life may be, you need to know them. You need to understand the present atmosphere and what you are up against, in these days and times.
These are very, very, difficult times for anyone accused of any crime any where in America. And, things seem likely to get a lot worse before they get better.
Hopefully, if you know, and understand, what is going on today, you will be better able to protect yourself, and your rights, and be less likely to make the mistakes that could result in your being convicted of a crime that you may not have even committed!
That may sound like a silly question but it isn't. It's actually a pretty important question, a basic question, and it raises several important points that you need to understand.
First, nothing is a crime, for which you can be criminally prosecuted and punished, but those things that are specifically made a crime by written law enacted by the federal, state, county or local government.
Second, every crime must be specifically defined by the law that creates it. Typically, every crime consists of several elements all of which must be present for the "crime" to exist.
To be convicted of that crime, the police, through the district attorney, must prove, beyond any reasonable doubt, each and everyone of those essential elements. If they cannot do that, you cannot be lawfully convicted of having committed that particular crime.
Third, and very importantly, you should NEVER ASSUME that because you may have committed some particular act, you are legally guilty of the crime with which you are charged. What you did may be a crime but not necessarily the crime with which you are charged!
Classic example using classic terminology: One person shoots and kills another. Depending upon the facts, and circumstances, of the particular case, the shooter may have committed Murder with Malice, Murder Without Malice, Voluntary Manslaughter, Involuntary Manslaughter, Justifiable Homicide or Excusable Homicide, and, depending upon which it was, may be subject to penalties ranging from death to no penalty at all! Frequently, which it is, is a very close call and a matter about which experienced judges and lawyers may reasonably differ.
It may also be that the police, through the district attorney, have "over-charged" you, ie. charged you with a far more serious crime than you actually may have committed.
Some law enforcement agencies, and district attorney's offices, may over-charge in order to improve their negotiating position, and to put pressure upon you to plead guilty to a less serious crime, in the hope of convicting you of, at least, something, through a "plea-bargain", without having a trial.
DO NOT PLAY LAWYER. DO NOT ASSUME THAT WHAT YOU MAY HAVE DONE IS NECESSARILY A CRIME AND, MOST ESPECIALLY, DO NOT ASSUME THAT IT CONSTITUTES THE CRIME WITH WHICH YOU ARE CHARGED. IT MAY NOT!