The United States has an ethos that favors fairness, especially when it comes to the criminal justice system. While the criminal justice system is imperfect, it is based on the idea that a person who is charged with a crime is essentially innocent until it can be proven they are guilty. Known as the “presumption of innocence,” such an attitude aims to minimize the risk that people will be given unfair trials for their alleged crimes.
People in the United States have certain fundamental rights, such as the presumption of innocence. If you were arrested and charged for a crime in San Diego or the surrounding areas, it is essential to get in touch with a criminal defense lawyer who can safeguard your rights and work diligently to secure the best possible outcome for your case. David M. Boertje is a San Diego criminal defense attorney that is dedicated to helping aggrieved people charged with crimes secure justice.
Interjecting Fairness Into Criminal Law
In the absence of the presumption of innocence, obtaining a fair and true outcome in a criminal case becomes much more of a challenge. The legal principle of the presumption of innocence makes it so that the state has the responsibility to prove the charges are correct and that the person is guilty of the criminal acts for which they are being tried.
In a civil case, the bar for showing that a person is liable for paying another for their damages is not as high as proving guilt is in a criminal case. To be convicted of a crime, it must be shown that a person is believed to have committed their crime beyond a reasonable doubt. If there is any doubt whatsoever, then thwarting a conviction is what should take place.
Because the burden of proof is the job of the state, a defendant’s criminal defense counsel will try to combat any claims and evidence produced to instill doubt in a judge and jury. If the legal defense is strategic, detailed, and focused, this can be so. Simply being charged with a crime does not mean that there has been a conviction. The only time that a person will have a pronouncement of guilt is if the state successfully shows that culpability exists.
Another right that defendants have is that they do not have to produce information that could hurt their case. Defendants do not have to self-incriminate.
Defendants also can answer questions or talk if they choose, but if they decide not to then that is well within their rights, too. Should a defendant refrain from speaking and remain silent, this is lawful. Additionally, staying silent is not an action that is supposed to mean that a person must be guilty. Many defendants are advised to stay silent and end up walking away from the court with a verdict of their innocence.
Speak to a San Diego Criminal Defense Attorney Today
Being arrested can be scary and distressing and thinking about how your case is going to work out may also be taxing. Working with an experienced attorney can take some of the stress out of the ordeal. Call the San Diego County criminal defense lawyer at the Law Offices of David M. Boertje today at (619) 229-1870 for the San Diego office or (760) 476-0901 for the Carlsbad location.