Why So Many People Assume a Defendant Is Guilty Before the Trial Even Starts

criminal defense attorney west palm beach florida

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In Florida, we love to say “innocent until proven guilty.” It sounds noble. It sounds fair. It sounds like the kind of thing everyone agrees with..

But in reality? The court of public opinion runs on the exact opposite slogan: 

“If you’re charged, you probably did it.”

It’s a strange disconnect – one that criminal defense lawyers like me see every day. So why do people jump to guilt before the first witness is called or the first piece of evidence is shown? 

The answer isn’t simple. It’s psychological, cultural, and honestly, very human.

Let’s break it down.


The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.


 

People Trust Authority – But Sometimes Too Much

Most people assume prosecutors only bring charges when they’re sure they can win. They assume police only arrest people who “deserve it.” So once someone is charged, the public fills in the blanks:

“Well, the police must know something.”
“The State wouldn’t go after them for no reason.”

That’s not how the justice system actually works, of course. Prosecutors can be wrong. Police can be wrong. Eyewitnesses can be wrong. But for many people, law enforcement feels like a built-in stamp of legitimacy. The charge becomes its own “evidence.”

Media Coverage Makes Everything Look Worse

Today’s news cycle isn’t designed for nuance. It’s designed for clicks. That means headlines like:

“Man Arrested for Brutal Attack”
or
“Woman Charged in Shocking Case”

What you don’t see in the headline:
“Charges may not stick,”
“Details unclear,”
or
“Police still investigating.”

By the time the public watches a clip on the news or scrolls past a post on social media, the damage is already done. A person’s name and face have been tied to the worst thing they’ve ever been accused of. Even if they’re innocent, that first impression sticks.

People Hate Uncertainty – So They Fill in the Gaps

When humans don’t have all the facts, our brains start making up stories to make sense of things. Serious criminal charges are unsettling. They raise big questions about safety and trust. Rather than sit with the discomfort, people jump to a simple conclusion:

“They must be guilty.”

It gives people a false sense of order — a way to feel safer in a chaotic world.

True Crime Culture Has Changed Expectations

Because crime documentaries, podcasts, and TikToks are everywhere, the public has become used to seeing neatly packaged narratives. By the time a case reaches national attention, people expect a villain.

If a defendant looks calm, cries too much, doesn’t cry enough, walks confidently, or avoids eye contact… someone online will claim it “proves” guilt. We’re living in an era where body language analysis from strangers goes viral.

The reality? Courtrooms aren’t Netflix specials. But people watch real cases as if they are.

Social Media Turns Rumors Into “Facts”

The fastest way to be declared guilty in the public mind is for one random person online to post:

“I heard from a friend who knows someone…”

Suddenly it spreads. Algorithms push it. Strangers believe it. By the end of the day, the rumor becomes a “detail.” There’s no judge, no cross-examination, and definitely no filtering for accuracy.

Meanwhile, the defendant isn’t allowed to publicly defend themselves. Anything they say can be twisted or used against them. So the silence — the legally smart choice — looks suspicious to people who don’t understand the system.

It’s Easier to Judge Than to Empathize

Assuming guilt is emotionally easier than imagining you — or someone you love — could be accused of something and dragged through a legal nightmare. So instead of identifying with the defendant, the public creates distance:

“That would never happen to me.”
“They must have done something.”

It’s a psychological shield. If the defendant is “other,” then the world feels predictable.

My Thoughts

Defendants are often treated as guilty long before they enter a courtroom not because people are cruel, but because of a perfect storm of trust in authority, sensational media, fear, psychology, and the nonstop churn of social media.

It’s one of the biggest challenges in criminal defense: reminding people that charges aren’t proof, and accusations aren’t convictions. 

The courtroom may honor “innocent until proven guilty,” but the public mind has a very different starting point — one every defense attorney must fight to overcome.

Need a Florida Criminal Defense Lawyer? Let’s Talk.

Time is critical. The sooner we get involved, the better chance we have to protect your rights, preserve evidence, and build a powerful defense. Contact my office today to schedule a confidential case evaluation.

The earlier you have professional legal representation, the better your chances of avoiding critical mistakes, protecting your rights, and achieving the best possible outcome for your case.

Remember – arrests are common in Florida, the legal consequences are serious, and having a knowledgeable criminal defense lawyer is essential to protect your rights and achieve the best possible outcome.

If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.


The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.

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