If you’ve been charged with a crime that you didn’t commit, you’re likely experiencing a considerable amount of stress. The path forward is grueling, and if you’re convicted of the crime in question, you’ll experience the cascading consequences that flow from that.
While exonerations are rarities, they aren’t impossibilities, and a better understanding of the basics can afford you a better view of what an exoneration could potentially mean for you. If you are facing a criminal charge or have a conviction on your record for a crime you didn’t commit, don’t wait to consult with an experienced Round Rock criminal defense attorney.
The Consequences of a Conviction
If you are charged with a crime you didn’t commit, you may have to spend at least an overnight in jail and may be required to post bond in order to get out. From here, you’ll need to build your strongest defense; for that, you’re well advised to have an accomplished criminal defense lawyer in your corner.
Now begins the hard work of resolving the matter, which could mean accepting a plea deal, but that involves accepting the blame for something you didn’t do.
Going to Court
Taking your case to trial, on the other hand, involves allowing 12 strangers, most of whom may be leaning toward finding you guilty right out of the gate, to determine your fate.
If you are convicted, you may be required to spend time in jail or prison, which is not only very challenging in terms of the conditions but also ensures that you can’t work, can’t continue supporting your family, and must put the life you’ve created for yourself on hold.
Social Consequences
There are also the very serious social consequences of a conviction to consider, and because the matter of your conviction is public information, they can include all the following:
You can expect your standing in your community to be seriously compromised.
You may not be able to keep your job and could have a lot of trouble finding another job.
You could lose any professional licensure that you hold.
Your ability to continue your education could be thwarted, especially in relation to federal financial aid, gaining acceptance to the school of your choice, or even living on campus.
You may have trouble renting a place to live or being approved for a home loan.
The stakes go far beyond the courtroom. Protect your reputation, your career, and your opportunities by consulting with a skilled criminal attorney in Round Rock as soon as possible.
Exoneration
Exoneration means to be absolved of liability for a criminal act after being found guilty of the crime. In other words, exoneration is a legal act that identifies someone who was convicted of a crime as free from all liability for that crime. If the court exonerates you of a crime that you were convicted of, they officially deem you not guilty of the crime.
Kerry Max Cook Found Actually Innocent 46 Years Later
In June of 2024, the Texas Court of Criminal Appeals not only exonerated Kerry Max Cook but also found him actually innocent.
The court’s majority decision called the Cook case one of the most notable of the last half-century and explained that when it comes to solid support for actual innocence, this case contains it all – uncontroverted Brady violations, proof of false testimony, admissions of perjury, and new scientific evidence.
The Death Penalty Information Center determined that Cook met the exoneration list’s criteria for inclusion. With this, he became number 198 on the list of those who were serving death sentences who’ve since been exonerated.
Mr. Cook’s Case
Cook was tried three separate times for the 1977 murder of Linda Jo Edwards. The U.S. Supreme Court vacated his original 1978 conviction, which was remanded to the Texas Court of Appeals. From here, his conviction was reversed in 1991. This led to a mistrial in 1992 when the jury in his second trial couldn’t reach a unanimous verdict.
Although it came out that there was evidence supporting Cook’s innocence, which was withheld during his first trial, Cook went on to be tried a third time, which led to him being convicted in 1994 and receiving a death sentence. The matter, however, does not end here.
In 1996, the Texas Court of Criminal Appeals determined that Cook’s right to due process had been violated, reversed the conviction, and remanded his case to trial court.
Before enduring what would have been his fourth trial, Cook pled no contest—which isn’t an admission of guilt but does admit that the prosecution has enough evidence to convict—for a 20-year sentence, which led to his release for time served.
Taking Back False Testimony
In 2016, another man who was an alternate suspect in the Cook case took back, or recanted, the false testimony he’d made against Cook, which led to the trial court holding a hearing regarding relief for Cook’s losses. While relief was recommended based on the false testimony, the trial court asserted that it didn’t prove his innocence.
Being Declared Innocent
In 2024, the Court of Criminal Appeals finally found Cook innocent, and they assessed his case as being marked by bookends of deception spanning over 40 years. They also made the following statement, which helps shed considerable light on the tragic circumstances:
The State merely has to prove guilt beyond a reasonable doubt – which the State could never achieve in this case. Cook should therefore not have to prove his innocence beyond all doubt. After being incarcerated on death row for almost twenty torturous years, we hold that Cook has met the burden required for actual innocence and relief is hereby granted.
How the Case Went So Far Wrong
Cook’s case was found to be littered with prosecutorial and police misconduct, which includes the prosecution’s failure to reveal that a jailhouse informant who had testified against Cook got a deal for doing so. This glaring concern wasn’t revealed until 14 years after the informant testified.
Additionally, evidence in the form of a human hair, which may have contained DNA evidence that could potentially have spoken to Cook’s innocence, was destroyed, despite the defense’s request for DNA testing.
The court’s final analysis was that the state’s actions went well beyond gross negligence and reached into the realm of intentional deception against the tribunal.
While not every case is as high-profile as Cook’s, having an experienced Round Rock criminal defense attorney in your corner from the start can make all the difference in safeguarding your rights.
Wrongful Convictions
Most wrongful convictions that are exonerated aren’t as dramatic as Mr. Cook’s, but being wrongfully convicted of any crime can derail your life. The reasons for wrongful convictions are as numerous as there are cases, but most fall into basic categories.
Misidentification of a Defendant
Eyewitness identification was once considered the gold standard when it comes to evidence, but the shortcomings associated with eyewitness testimony have since been identified.
While there are careful procedures in place to help ensure that eyewitnesses aren’t swayed by the legal process, there is no denying that, sometimes, eyewitnesses are simply wrong – even when they wholeheartedly believe in the truth behind their identifications.
Factors such as stress, exhaustion, anxiety, biases, the reconstruction of memories, and the way questions are asked to eyewitnesses during the interview process can all play a role in the reliability of eyewitness testimony.
Lineup biases and hyperfixation on the weapon used in the crime—as applicable—can also be present. In other words, there is no shortage of reasons why eyewitness testimony can be flawed.
Coerced Confessions
The police have a job to do, and one means of making it less painful is obtaining confessions. Sometimes, those accused of crimes simply spill their guts and confess, but in some other instances, the police cross boundaries they shouldn’t—and in the process, they coerce confessions out of those they’re interviewing.
Once a confession is out there, it can’t be unheard. And if the prosecution can drum up enough evidence to support it, it can be difficult to get out from under a confession, even a false one.
When the Interrogation Must Be Recorded
To help ensure that Texas police don’t take their interrogation techniques too far, they are required to record their interrogations from start to finish for those in custody for all the following crimes:
Capital murder and murder
Kidnapping and aggravated kidnapping
Human trafficking and continuous human trafficking
Indecency with a child and continuous sexual abuse of a child
Sexual assault and aggravated sexual assault
Improper relationship between an educator and a student
Recording the interrogation for these specific crimes can make it more difficult for the accused to claim they were coerced – unless the police do engage in what are considered coercive tactics and record themselves doing it.
Is It Coercion?
The actions of the police can be identified as coercion if they involve the use of undue pressure to force a suspect’s confession, such as by using threats, being physically abusive, refusing to let up for long stretches, or denying them food or water. Prime examples of police coercion include all the following:
Making false promises of leniency in exchange for a confession
Threatening to harm the suspect or pointing a gun at them
Lying about the strength of the case against the suspect
Threatening to arrest a family member of the suspect
Testimony from Jailhouse Informants
A jailhouse informant is someone who was in jail with the defendant prior to trial and who claims to have information regarding the suspect’s guilt based on statements the claimant is supposed to have made. Informants generally cut deals with the prosecution in exchange for coming forward, which incentivizes their testimony.
The process casts a considerable shadow on just how reliable such testimony is.
In Texas, the information shared by jailhouse informants must be corroborated by additional evidence linking the defendants directly to the crimes in question. Such testimony, on its own, is not sufficient to convict someone. The prosecution is also required to track the use of informants for testimony and any benefits the informants were offered or received in exchange.
Do Yourself a Favor
If you’ve been charged with a crime that you didn’t commit, you may be very tempted to speak your truth by letting the officers know that they have the wrong person, but this approach is unlikely to do you any favors. A far better plan is to invoke your rights from the start, including your primary rights to remain silent and to have an attorney represent you.
Your Right to Remain Silent
Your right to remain silent is fundamental, but it can be a difficult one to implement. You know that you didn’t commit the crime in question, and you may think that simply explaining this fact to the police is the right way to go.
If the police are interrogating you, however, they are either convinced of your guilt or pretty close to it, and anything you have to say is unlikely to move them. In fact, virtually everyone who is charged with a crime claims their innocence.
If you’re arrested, you’re required to share basic identifying information about yourself, and this is where the requirement ends. Once it’s accomplished, it’s time to let the officers know that you want an attorney and that you won’t be doing any more talking. From here, it’s important that you actually remain silent.
Your Right to an Attorney
It’s important to let the police know – directly – that you want a lawyer. This should shut the interrogation down, but if it doesn’t, the fact that you voiced your right to legal counsel can make a serious difference in your case’s outcome. If you’re facing a criminal charge, it’s time to consult with a formidable criminal defense lawyer.
Seek the Legal Guidance of an Experienced Round Rock Criminal Defense Lawyer
Brett Pritchard at The Law Office of Brett H. Pritchard is a savvy criminal defense attorney who dedicates his impressive practice to skillfully pursuing advantageous case outcomes for all his valued clients. He’s here for you too. Learn more about what we can do to help by contacting or calling us at 254-781-4222 and scheduling a free consultation today.