The Burden of Proof
While personal injury cases and other such civil actions often depend on the proof of the four elements of tort laws, criminal prosecutions often rely on the “burden of proof” to resolve the case in favor of the prosecution or the defense. Because persons accused of crimes are considered to be innocent until proven guilty, it is up to the prosecution to demonstrate the defendant’s guilt by providing convincing evidence to gain a conviction.
Failure to prove that the burden of proof lies with the prosecution may result in a win for the defense. Persons who are wrongly accused of a crime should consult an experienced criminal defense attorney to discuss their case and formulate a strong defense. For assistance with your case, contact the Boca Raton criminal attorneys of Eric N. Klein & Associates, P.A. today at 561-353-2800.
The Burden of Proof
In order to demonstrate the burden of proof, the prosecution and defense alike may provide:
- Forensic evidence to support the case
- Eyewitness testimony
- Character witnesses
- Evidence that supports the defendant’s alibi
- Bank statements, cell phone call logs, and other records
- Video/audio evidence
In order to convince the court, the prosecution or defense is required to show evidence that meets a certain “standard of proof” in order to gain a conviction or acquittal.
Contact Us
If you or someone you love has been charged with a crime, contact the Boca Raton criminal defense lawyers of Eric N. Klein & Associates, P.A. at 561-353-2800 to discuss your legal options.
