The presumption of innocence is a fundamental principle upon which the American criminal legal system is built. It is part of your right to a fair trial and means that anyone accused of a crime is assumed to be innocent until they are proven to be guilty. To find a person guilty, the prosecution must prove, beyond a reasonable doubt, that the accused did, in fact, commit the crime of which they are accused.
To prove a defendant guilty, the prosecutor must present evidence to establish every element of the crime. If the prosecution fails to establish even one element of the crime, the accused must be found Not Guilty and set free.
The 5th Amendment to the US Constitution guarantees that no one will be “deprived of life, property or liberty without following the due process of law.”
Due process of law refers to the legal proceedings that enforce and protect a person’s legal rights. It requires that courts and law enforcement officers follow procedural safeguards that protect a person’s freedom.
The American criminal legal system includes two different types of due process protections.
Innocent until proven guilty places the burden of proof on the prosecution. The prosecutor must present evidence to establish, beyond a reasonable doubt, that the defendant committed the crime of which they are accused. If not for the presumption of innocence, the government would not have to prove anything, and the defendant’s due process rights would be taken away.
Proof beyond a reasonable doubt is the highest standard of proof in the American legal system. It means that the prosecutor has convinced a jury that, after considering all the available evidence, the only reasonable conclusion is that the defendant is guilty.
Even though every criminal defendant is innocent until proven guilty, this does not mean the defendant will remain free until their trial ends. In most cases, a defendant is arrested and put in jail until they can post bail.
Everyone is presumed innocent until they are proven guilty. But it is often easy to condemn someone without establishing all of the facts about the allegations. This is where the idea of being innocent until proven guilty originated.
It is not easy to assume that someone is innocent until proven guilty. Many people rush to judgment without having all of the facts. Some people assume that if a person was arrested and charged with a crime, they must have done something wrong. This is especially true in highly-publicized cases where the media can influence a juror’s perception of the defendant’s guilt.
My job is to ensure that anyone who is accused of a crime enjoys the presumption of innocence. At trial, I will work to identify potential jurors who have already formed opinions about whether a criminal defendant is guilty and have them excused from participating in the trial.
As a criminal defense lawyer, I have the privilege of standing up for the rule of law, the US Constitution, and the Bill of Rights. I help preserve the presumption of innocence and ensure that no one is convicted of a crime without due process of law. I hold the prosecution to their burden of proving someone guilty beyond a reasonable doubt.
For many of my clients, I am the only thing standing between them and a government set upon finding them guilty.
Elmen Legal proudly represents people in and around Ann Arbor, Michigan. I will help you through what could be one of the scariest and most stressful ordeals of your life. I will care for you as an individual and advise you on the law that applies to your case and any collateral consequences you could face due to a conviction. I will shoulder some of your emotional burden as we work towards achieving a favorable resolution to your case.
To learn more about Robert Elmen, call (734) 707-8915 or contact Elmen Legal online today to schedule a confidential consultation to discuss your case.
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