The presumption of innocence – being considered innocent until proven guilty – is a legal right that the accused in criminal trials has in many modern countries. The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who are restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond a reasonable doubt. In case of remaining doubts, the accused is to be acquitted. This presumption is seen to stem from the Latin legal principle that ei incumbit probatio qui dicit, non qui negat (the burden of proof rests on who asserts, not on who denies).
What should happen and what really does occur are rarely the same. I will work to lessen the weight of a criminal investigation or charge by building a strong and effective criminal defense. I regularly work with counselors, therapists, psychologists, private investigators, other lawyers and experts to develop or uncover exculpatory evidence, examine all alternative theories and explore mitigating factors. As a former Harris County prosecutor, I understand how a case is developed and presented from both sides of the criminal justice system.
Contact me today regarding your case.