In the event you are arrested and charged with a criminal offense you will certainly need a criminal attorney in Alvarado.
For you to be convicted of a criminal offense, the prosecuting attorney must prove that you are guilty beyond a reasonable doubt. During the trial, the defense attorney will present his defense so as to raise an issue of reasonable doubt. Most defenses rests on one of two premises;
1. I did not commit the crime
2. I committed the crime, but I should not be held responsible
The “I didn’t do it” defense:
This is the most basic defense that the criminal attorney in Alvarado will use.
Innocent until proven guilty:
The presumption that you are innocent, and that you have to be proven guilty is more than an ideal in US jurisprudence; it is actually a legal presumption. The judge and jury must assume you come to the courtroom as an innocent person; it is up to the prosecution to prove otherwise. The defendant does not have to even open his mouth during the trial; the Fifth Amendment allows for you to remain silent and not incriminate yourself; it is the prosecutor’s job.
The prosecutor must demonstrate to the court that the defendant is guilty. If there is any remaining doubt, the defendant must be found innocent. With such a high standard, the defense focuses its attention on raising an issue that will show reasonable doubt.
All a defendant has to do is to prove before the court that it was impossible for him to commit the crime. If you have an alibi, the alibi usually means that you were somewhere other than where the crime was committed, when it was committed. By showing to the jury that you were elsewhere at the time of the crime, you have sown the seed of reasonable doubt.
Although guilty for the crime, I should not be held responsible:
It may be necessary for the criminal attorney in Alvarado to admit that his client did the act, but he should not be held responsible.
If the crime involves physical violence, the defendant attempts to flip the blame to the accuser. He attempts to show the court that rather than the aggressor, the other party was and all the defendant was doing was acting to protect himself. This is a tricky defense as the defendant will have to prove that self-defense was a necessity, and the response was a reasonable one.
Insanity is described as a person’s inability to tell the difference between right and wrong. Courts are very hard to convince of this as the notion in every criminal case is that there is an element of intent, therefore, a choice was made. A criminal attorney in Alvarado will rarely use this defense.
If you have been charged with a felony, you will need a criminal attorney in Alvarado. The Rogers Law Firm, P.C. will represent you in everything from DUI to murder.