Burden Of Proof In New York


Meeting The Burden Of Proof

Anywhere in the state of New York, in order to get a conviction, the prosecutor has to meet the burden of proof for the crime. In the case of criminal charges, the standard is higher due to the impact it may have on the individual’s life. So what do you need to know about what the burden of proof is and how it works?

Establishing The Alleged Criminals Guilt With Evidence

They must establish your guilt with a preponderance of actual evidence. After the evidence has been reviewed either a judge or a jury assigned to your case will decide if the evidence supports that you have committed the crime.

The Prosecutor Must Establish Clear Evidence That Is Convincing

It is not enough to present evidence as evidence may be unclear and ultimately not establish a person’s guilt.  For example; there may be evidence that a party was at a location but not what the person’s purpose was or what their actions were. The evidence must clearly indicate that the person accused of the crime can be connected to the alleged criminal act. The evidence must be so convincing that a judge or a jury has no doubt that the crime occurred and that the accused committed that crime.

Beyond A Reasonable Doubt

Because the highest standards of proof are the barometer for a conviction, there must be no reasonable doubt in order to convict you of a crime. While a trial allows both the prosecutor and the defense to “prove their case”  the case is only as good as the evidence and doubt allow. Both a judge and a jury must be unbiased, neither can preemptively decide that you are guilty before the trial has ended.

The prosecution and defense alternate in presenting any evidence whether for or against guilt. Later, after all of the evidence on both sides has been presented, a judge and or a jury can then determine whether or not the evidence illustrates guilt or innocence.

Arrested for a Crime in New York? Contact Cerbin Criminal Defense Now

If you have been accused of a crime in New York, your freedom is at risk.  Your life and the lives of your loved ones can change forever.  Get ahead of your defense as soon as possible. It is vital for you to work with an experienced and aggressive criminal defense attorney. Your reputation and livelihood are at stake, get help now.

By : First Page Attorney | July 16, 2020 | Criminal Defense

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I am attorney Scott G. Cerbin, Esq., and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. The Law Office Of Scott G. Cerbin, Esq., PLLC, offers free initial consultations to individuals living within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

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