Prosecutors and the Burden of Proof

In any criminal trial in the United States, a person charged with a crime is considered innocent until proven guilty. Being charged and convicted of a crime is a serious matter that results in a criminal record, loss of civil liberties, and sometimes imprisonment. Because the penalties are so high, it is the responsibility of the prosecution to provide evidence beyond reasonable doubt that the individual committed the crime he or she is being charged with. This is called the burden of proof.

Since the prosecution has the burden of proof, the defendant does not have to be able to prove that he or she is innocent. While it can help to have an alibi in a case, it is not necessary to keep you from being convicted. You cannot be convicted just because you cannot prove that you didn’t commit the crime. Instead, the prosecution has to put together evidence and witnesses that prove to the judge and jury that you are guilty of the crime in question. If the prosecution is not able to provide enough evidence against you to support the criminal charge, you will likely receive a not guilty verdict.

By making the burden of proof high for criminal cases, a defendant is protected against being wrongfully convicted for a crime. This protection, combined with your Fifth Amendment rights, help to ensure that you are given a fair trial. Your criminal lawyer will work with you to protect you rights under the law. If you believe that your rights have been violated during an arrest, search, booking and bail, or court procedure, contact a criminal attorney immediately. You may have been subjected to improper procedure and your case may be thrown out.

Contact Us

To learn more about the burden of proof and other protections and rights under the law, don’t hesitate to contact a Boca Raton criminal lawyer at Eric N. Klein & Associates, P.A. today at 561-353-2800.