Off on a Technicality: Difference between revisions

{{trope}}

''My high-priced lawyer sprung me on a technicality,''

The criminal is caught, comes up for a trial—and then it turns out that he wasn't read his [[Miranda Warning]], or the [[Cowboy Cop]] forgot to get a search warrant, or the confession was obtained via [[Jack Bauer Interrogation Technique]]. The judge is forced to throw the case out and the (alleged) crook walks free.

{{examples}}

* The [[Magnificent Bastard]] [[Big Bad]] Gouda almost gets off with this in the second season of ''[[Ghost in the Shell]]''. {{spoiler|Luckily, the Prime Minister has a technicality of her own; a piece of legislation which allows her to [[Screw the Rules, I Make Them|give Section 9 a great deal of "discretion"]] in detaining Gouda on the grounds that he's an important asset to the country.}} Something of a [[Chekhov's Gun]], since the same law was brought up in an earlier episode.

** The reason he nearly gets off? Apparently in [[Ghost in the Shell]]-world simply turning yourself in absolves you of all responsibility for your crimes, even when said crimes involve {{spoiler|conspiracy to nuke civilians and treason.}} [https://web.archive.org/web/20170212171759/https://en.wikipedia.org/wiki/List_of_Ghost_in_the_Shell:_S.A.C._2nd_GIG_episodes], [https://web.archive.org/web/20170831075819/https://en.wikipedia.org/wiki/List_of_Ghost_in_the_Shell:_Stand_Alone_Complex_episodes]

*** Parker tries to bring it up during class, and the teacher ''gives him detention.'' The implication is that everybody knows he bought the cops off, and is therefore the de facto master of the city - and their lives are at risk if they bring it up.

* In a ''[[Harry Potter]]'' fanfic titled ''Growing Up Black'', years after Sirius Black was sent to Azkaban, some of his relatives started having doubts about his guilt, decided to check the facts and found out he wasn't allowed to have a trial. They got him free by invoking a law stating that no pureblood can be forced to spend more than one month in Azkaban without a trial and that all charges against purebloods who are forced to stay more than that time there must be dropped. Sure, he's innocent, but since this is not what got him off, it can arguably be counted as a technicality.

** Actually, while the law invoked to get him free was supposed to work regardless of Sirius being guilty or not, the relative who brought the case to the Wizengamot did point out reasons to doubt his guilt before invoking the law. However, people who don't believe Sirius Black's innocence usually say he got Off on a Technicality. It doesn't help that his family had to pull some strings just to have a chance to plead Sirius' case.