All persons accused of a crime are legally presumed to be innocent until proven guilty. This presumption means not only that the prosecutor must convince the jury of the defendant’s guilt, but also that the defendant need not say or do anything in his own defense. A defendant has the right to remain silent and argue that the prosecutor failed to prove his or her case. If the prosecutor can’t convince the jury that the defendant is guilty, the defendant goes free.
In proving the defendant’s guilt, the prosecutor must convince the judge or jury hearing the case that the defendant is guilty “beyond a reasonable doubt.” This is the highest burden of proof recognized in court. The burden is high because of the liberties that are at stake. As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant.
A criminal case and trial is governed by rules of evidence and criminal procedure. Do not make the mistake of believing that a judge or prosecutor will not hold you to those rules should you make the poor decision to represent yourself in any criminal matter. It is critical that you are competently represented so that your rights and freedoms are protected since a criminal conviction often carries both immediate and long lasting effects on a person’s life.
If you have been accused of a crime, you are presumed to be innocent until the prosecution proves your guilt or you give up that right and enter a plea. If your case goes to trial, you need not testify on your own behalf. Your right to remain silent cannot be used by a judge or a jury to presume your guilt. If the prosecution cannot meet its burden to show you are guilty beyond a reasonable doubt, then you will be acquitted at trial.
While most prosecutors have high conviction rates at trial, our attorneys have been successful at defending many clients at trial. If you have been charged with a crime, you need an attorney to help represent your rights. Even if you feel you are likely to be found guilty of the charges, our attorneys can try to help negotiate a plea deal that may result in the dismissal of some of the charges against you or the reduction of those charges.
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What an amazing firm. They are professionals in every way. Always making sure I feel like their most important client. Highly recommend them.