You've heard the saying "innocent until proven guilty," but if you've been falsely accused of a crime, you may still fear. Below is an overview of burden of proof, reasonable doubt, and criminal case proceedings. Better understanding the process may help to set your mind at ease and give you ideas on how you may be able to better help your attorney with your defense when the case goes to trial.

Burden of Proof

It can be difficult for someone to prove that they didn't commit a crime, especially if there isn't an established alibi or the accused has a previous criminal record. Fortunately, the burden of proof lies at the feet of the prosecution, not the defense. Burden of proof simply means that the prosecution must show that not only was a crime committed, but that it was committed by you.

The prosecution must prove beyond a reasonable doubt that the crime was committed by the accused. This involves solid evidence, such as fingerprints, video surveillance, and witness testimony (depending on the witness's credibility, as determined by the jury). Without proof, there is no case.

Reasonable Doubt

There are a few common tactics your defense attorney may employ throughout the duration of the case. A common tactic that is used is instilling reasonable doubt within the minds of the jurors.

The prosecution must prove their case beyond a reasonable doubt, so any holes in their case and it can all go down the drain. Reasonable doubt can appear when the prosecution doesn't anticipate juror concerns or when the credibility of a witness for the prosecution is questioned. Your defense attorney's job is to poke as many holes in their case as possible, making it so the burden of proof has not been met. If the prosecution is unable to persuade the jury that without a doubt you committed the crime, you'll be found innocent.

How the Case May Play Out

After the jury has been selected but before the trial has begun, both the defense and the prosecution will present their evidence and request acceptance or dismissal of it. This process will help to give your attorney a good idea of how the prosecution plans to present their case which allows them to better prepare your defense.

Throughout the case, the prosecution will present evidence and provide witnesses, which your attorney will be able to refute and cross-examine. After the prosecution has rested, your attorney will present your side of the case, including any evidence you may have of your innocence, such as an alibi. Prosecution may cross-examine witnesses and refute evidence as well, but the burden of proof still rests on them. After closing arguments, deliberation occurs where jurors will determine your innocence or guilt.

Even when you know you're innocent, a criminal trial can still be a nerve wracking experience. With a better understanding of the process, you may be able to ease your fears and better aid your attorney in creating your defense. For more information on how a criminal trial usually plays out, talk with a criminal defense lawyer.

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