Winning on a Technicality: A False Impression

By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522

When a criminal case goes to court, the lawyer representing a person accused of a crime has two primary responsibilities: argue the facts, and argue the law. When he argues the law and wins, people sometimes consider it “winning on a technicality.” This is a false impression which criminal lawyers ignore too often.

Every law involves a balancing of interests. In criminal law, those two primary interests are investigation and prosecution of crime, and protection of individual and constitutional rights. When a criminal lawyer is arguing the law, he is in essence arguing that law enforcement did something to disturb the balance that our laws and constitution have set.

But if the person is probably a criminal, who cares? This is a very common question and a good answer involves looking at legal issues through a wider lens. Laws are made to conform behavior. There is a laundry list of crimes that everyone would commit if there were no consequences (take speeding for example). Laws which protect all people from unreasonable government intrusion and unfair investigative tactics are no exception to this concept. These laws are not made with a sympathetic concern for the obviously guilty – they are made to protect all citizens by enforcing the boundaries of government action.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.

Speak Your Mind