Navigating the criminal justice system in New Orleans can be overwhelming—especially if it’s your first time dealing with law enforcement or the courts. Unfortunately, misinformation is everywhere. Too often, I see clients walk into my office believing myths that can seriously hurt their cases.

 

Let’s clear up some of the most common misconceptions I hear from prospective clients in and around New Orleans.

 

Myth #1: If the police didn’t read me my rights, the case gets thrown out.

 

You’ve heard it a hundred times on TV: “You have the right to remain silent…” But here's the reality—Miranda rights only need to be read after you're in custody and before you're interrogated. If the police arrest you but don’t question you, there’s no Miranda violation. Even if they do question you without reading your rights, it doesn’t automatically mean your case gets dismissed. It may just mean that certain statements can’t be used against you in court.  Miranda also has no application if the prosecution does not intend to offer any statements against you at trial.

 

Bottom line: A Miranda violation can help your defense—but it doesn’t guarantee a walk.

 

Myth #2: I can’t be charged if the police didn’t find the evidence on me.

 

This is a big one. Many people think that if drugs, weapons, or other illegal items aren’t found directly on their person, they’re in the clear. Not true. Louisiana law—and federal law—allows for what's called “constructive possession.” That means if you had control over the item or knew it was nearby, you can still be charged.

 

For example, if you’re in a car and illegal drugs are found in the center console, you might be held legally responsible even if they weren’t in your pocket.

 

Myth #3: Hiring a private attorney is no better than getting a public defender.

 

Let me be clear: Public defenders are hardworking attorneys who care deeply about justice. But they’re often juggling huge caseloads and limited time. When you hire a private criminal defense attorney, you’re getting someone who can devote more focused attention to your case—someone you’ve chosen, not someone assigned to you.

 

As a private defense lawyer based in New Orleans, I work directly with my clients, investigate the facts thoroughly, and customize a legal strategy based on the unique details of the case. That level of personal attention can make a meaningful difference.

 

Myth #4: If I’m innocent, I don’t need a lawyer.

 

This is one of the most dangerous myths out there.

 

Even if you're 100% innocent, you can still be arrested, charged, and brought to trial. Police officers and prosecutors make mistakes—or rely on inaccurate information. Evidence can be misinterpreted. Witnesses can lie or misremember. The criminal justice system is not perfect, and assuming that the truth will automatically protect you is a risky move.

 

An experienced criminal defense attorney doesn’t just defend guilty people—they protect the rights of everyone, including the innocent.

 

Myth #5: All criminal cases go to trial.

 

Most criminal cases in Louisiana—and across the country—don’t end in dramatic courtroom trials. They’re often resolved through plea negotiations, dismissals, or other pre-trial agreements. That doesn’t mean you shouldn’t prepare as if you're going to trial—on the contrary, strong preparation is what often leads to better outcomes outside of court.

 

The key is having a lawyer who knows when to fight and when to negotiate. Every case is different, and your defense should reflect that.

 

If you've been arrested or are under investigation in New Orleans, don't rely on myths or secondhand advice. Talk to a qualified criminal defense attorney who can give you the facts—and fight for your rights.

 

Have questions about your case? Feel free to contact me for a confidential consultation.