The accused is the defendant. The former can file a criminal case when the latter commits a felony or crime against them.
Note that in criminal cases, the aggrieved party is not the one who will be launching the action. Instead, the US attorney’s office will do this with the help of law enforcement agencies. The aggrieved party must therefore coordinate with the police.
The trial will reveal if the evidence is substantial enough to warrant the accused a guilty verdict. Penal statutes are construed strictly in the accused’s favor and against the state. This means that the interpretation beneficial to the accused wins in ambiguities.
The Difference in Proof Between Criminal, Civil, and Administrative Cases
Along with the strict interpretation of the law is the evidence required to convict a person. A preponderance of evidence and substantial evidence is enough in civil and administrative cases. However, in criminal cases, guilt beyond a reasonable doubt is necessary.
Substantial evidence is not only a “mere scintilla of evidence.” It’s evidence that falls between preponderance of evidence and probable cause. Suppose there’s a hearing for administrative cases. The judge will rule against a party if the proof is enough for “a reasonable mind to support a conclusion.”
In civil cases, the plaintiff must convince the court of the respondent’s guilt by meeting the “preponderance of evidence” standard. It is enough that the evidence could show more than a 50% chance that the claims are valid .
What does “Beyond a Reasonable Doubt” require?
The highest quantum of evidence the court would need in a case is “beyond a reasonable doubt.” Indeed, this is a higher bar to meet than other cases. The US Constitution didn’t guarantee the presumption of innocence. Yet, court decisions and statutes made this an element of a fair trial .
In the case of Taylor vs. Kentucky , the court held that the presumption of innocence is not constitutionally mandated . However, they added that the Fourth and Fifth Amendments discussed due process. The said discussion requires prosecutors to present evidence proving an accused’s guilt “beyond a reasonable doubt.” This means the prosecutor must show with absolute certainty that the accused is guilty as charged.
The ratio behind this legal doctrine is simple. The law puts a high premium on one’s liberty as it does on a person’s life and property. This is why it believes it’s better to set a guilty person free than to imprison someone innocent.
Who has the burden of proof in criminal cases?
The prosecutor has the burden of proving the accused’s guilt. The penalty for criminal cases includes incarceration and payment of damages. These are situations that compromise one’s liberty and property. Thus, the accused must have a day in court to meet their accuser and prove their innocence.
It’s also fair that the party alleging the crime must be the one to present damning evidence. These pieces of evidence must be not only acceptable but also strong enough to overcome the presumption of innocence.
How can a lawyer help you in a criminal case?
A lawyer can help you with a criminal case in many ways. They can encourage the court to dismiss your charges or help you get probation instead of jail time. They can also help to get your arrest record expunged.
A lawyer also knows all the laws that apply to your situation and can use them to your advantage. They know what questions to ask the police to determine if there are any violations of your rights. This is especially helpful during the arrest process.
A criminal attorney will work hard to protect your rights and make sure that you have a fair trial. They have extensive experience in dealing with both state and federal criminal cases. This means they know how the court system works and what each type of case requires.
They work on cases involving drug possession, battery charges, domestic violence, and drunk driving charges (DUI).
When you file a criminal case, you must know how the courts work. You must keep track of all your appointments and take care of any necessary paperwork. This process is just the beginning. You need someone who knows the ins and outs of the legal system. A lawyer can help you tackle all these tasks.
Get Legal Help
When you are accused of a crime, having an experienced criminal defense lawyer on your side is beneficial. It can be the difference between being convicted and walking away with a clean record.
If you think you need to file a criminal case and need legal advice or representation, look for a credible legal firm. A legal team can help navigate the complex justice system. They can also assist you in every way possible to protect your rights and interests.
Written by Lawyer Monthly | Shared from Lawyer-Monthly.com
