On being accused of criminal charges, you would be taken to court and allowed to present your defenses if you choose to. The State needs to prove beyond doubt that you are indeed guilty in order to get a conviction. You have a number of defenses you can choose depending on your situation. You can say that you did not do it or you can say that you did commit the crime but was justified. The various types of defenses are,
Until proven guilty you are considered innocent
In this situation the defendant does not have to take the trouble to prove that they are innocent, instead it is the job of the prosecution to convince the jury of your guilt. The jury is warned in advance and asked not to take the silence of the defendant as a weakness. The defendant can stay silent till the prosecution completes their argument and then say that the prosecution failed in proving the case. However in reality, witnesses are presented by the defense attorneys that counteract the state’s case.
The State’s Burden Of Proof
It is the responsibility of the prosecution to prove that the defendant is guilty. They have to be producing proof to substantiate the charges. This is why the defendant can remain silent and choose to not present any witnesses.
The most common defense is that the person denies that the crime was his fault. They may say that there was a crime but insists that they did not have a role to play. This happens in situations where there is no visual proof of the incident.
This can be done if the defendant is able to prove that he was present elsewhere when the crime was being committed. This type of defense requires a person to say that he was along with the defendant in a different place when the crime was being committed. This does not mean that the jury has to believe the alibi.
Legally justified crime
This defense can be used when you agree that you have committed the crime but are justified legally. Examples include self-defense, which means you were only trying to defend yourself from being harmed.
The best way to come up with a defense is to hire a criminal attorney who would be able to let you know the perfect option of defense. Defense attorneys will be in the perfect spot to analyze and explain your legal defenses.
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