At Trial: Your Presumption of Innocence, The Government’s Burden of Proof and Your Rights

The “Presumption of Innocence” states that despite the government’s accusations, you walk into the court room cloaked in innocence.  The only way the Government can remove that cloak of innocence is to prove each element of their accusation beyond a reasonable doubt.  It is the Government’s burden to prove you guilty beyond a reasonable doubt.  You do not have to submit any evidence or prove that you are not guilty.  The government, with all it’s power and unlimited resources has pointed the finger at you, with limited resources, and it is their burden to back up their accusations with admissible and believable facts.

The Right to a Public Trial, Confront Witnesses and to an Attorney

The Sixth Amendment gives you the following inalienable rights when the government accuses you of a crime:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

You have the absolute right to cross-examine witnesses, require the witnesses to come to court and “look you in the eye” when they accuse you of a crime.  Witnesses are not allowed to hide in the shadows and make accusations without being accountable and recognized for them.  The Sixth Amendment does not allow for secret trials behind closed doors.

The Sixth Amendment provides that you are entitled to a lawyer to represent you when the Government accuses you of a crime.  I can help protect your rights when you are facing the Government and the charges against you. 

If any questions about an upcoming trial or testimony as a witness, call Patrick Flanagan at (651) 214-7209, or email him at PatrickFlanagan@Flanaganlawsite.com

All information contained in this site is general in nature.  The material stated above is not legal advice and does not create an attorney-client relationship.  If you are in need of legal advice concerning a particular matter, you should contact an attorney who can assist you with your situation.