Burden of Proof

When you are arrested for a crime in the United States, you have certain rights and protections under the law. In addition, the police and the court must follow certain procedures in order for your arrest and trial to be legal. Anyone tried in the United States has the right to a fair trial and is considered innocent until proven guilty. This means that the prosecution carries the “burden of proof,” or the responsibility to provide evidence that you actually committed the crime.

Placing the burden of proof on the prosecution is one of the greatest protections that the accused can have. As the defendant, you do not have to prove your innocence. While it may help to have an alibi that proves that you could not have committed the crime, it is certainly not necessary. If the prosecution cannot provide any substantial evidence against you to support the criminal charge, you cannot be proven guilty. In this case you will be declared not guilty or the case may be thrown out altogether.

A criminal defense lawyer understands that the prosecutor has the burden of proof and is familiar with the types of evidence that the prosecution may use against you. Criminal defense attorneys are experienced at questioning the validity of evidence and testimony and will fight to defend your rights in a court of law. Revealing that the evidence brought against you is not substantial enough to prove you committed the crime could mean the difference between a verdict of guilty and a verdict of not guilty.

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If you have been charged with a crime, don't enter the courtroom feeling unprepared to defend your case. Contact experienced Austin criminal attorney Ian Inglis today at 512-472-1950.