“Burden of Proof” and Criminal Cases

Criminal charges can have a devastating effect on a person’s life and may cause serious damage to personal and professional relationships. Persons who are accused of a crime may be forced to endure lengthy criminal proceedings including court-dates, hearings, and negotiations. In addition, persons who are on trial may face serious restrictions on their freedoms and ability to function in society.

For these reasons, it is important to understand how the legal process works and how persons may defend themselves and their freedoms. A West Palm Beach criminal attorney can help explain that process. We at Eric N. Klein & Associates understand that the legal process can be confusing at times and are happy to bring you the following information regarding criminal cases and the importance of the “burden of proof”.

What is “Burden of Proof”?

If a person is charged with a crime, it is the duty of the prosecution to show the “burden of proof” rests on their version of the facts. This means that it is the prosecutor’s duty to prove that the defendant is guilty of the crime by piecing the facts, evidence, and witness testimony together into a coherent narrative. Failure to show that the “burden of proof” rests with the prosecution may result in a “not-guilty” verdict from the judge or jury.

We at Eric N. Klein & Associates want to make sure that you understand how evidence is used in criminal cases and how important it is to have an experienced West Palm Beach criminal attorney on your side. The burden of proof in a criminal case may be comprised of evidence like:

• Eyewitness testimony
• Video/Audio recordings
• Forensic evidence (DNA, fingerprints, blood samples, etc)
• Hearsay
• Circumstantial

While it is normally the duty of the prosecutor to present the burden of proof in order to gain a conviction, experienced defense attorneys must also use evidence to prove that their client is not guilty of the crime. If the defense is able to prove that the burden of evidence does not show that the accused party could have committed the act he or she has been charged with, the judge and jury will typically find the individual not-guilty.

Evidence and Criminal Defense

When it comes to criminal cases, the burden of proof is typically very high. This is because of the high-stakes that are usually associated with criminal trials. In civil cases between individuals, persons who lose their case typically only face financial penalties and restitution for their actions. Criminal convictions may result in incarceration and loss of civil liberties, so it is essential that the prosecution prove its case beyond a shadow of a doubt.

An experienced West Palm Beach criminal attorney, like the ones at Eric N. Klein & Associates, realizes how serious criminal charges can be. We are dedicated to preserving your liberties and making sure you are not deprived of your freedom and livelihood. If you have been charged with a crime, it is important to consult individuals who may have witnessed the act or persons who can attest to the accused individual’s whereabouts at the time of the crime. By examining the evidence and talking to others, the defense may be able to:

• Prove that the accused individual was not present at the time of the crime
• Show that the evidence presented by the prosecution was contaminated or forged
• Question the validity of witnesses’ statements
• Prove that law enforcement officers did not follow the rules and regulations when collecting evidence and investigating the crime

If the defense is able to show that the evidence presented in a criminal case was forged, tampered with, or incorrectly collected, the judge may rule that it is inadmissible in court. In addition, if the defense is able to call eyewitness testimonies into question, the prosecution may not be able to prove its case beyond a shadow of a doubt.

We at Eric N. Klein & Associates hope that this information on the burden of proof has been of assistance to you, and if you have further questions regarding criminal defense and how a West Palm Beach criminal attorney can help, contact us at 561-353-2800.