If you have been charged with a criminal offense, you probably wonder what you must do to win your case. Every case and defense is different, but you should understand a few things about the criminal justice system and what it will take to win your case.
Proof Beyond a Reasonable Double
In Utah, the prosecutor carries the burden of proof, which means that it’s the prosecutor’s job to prove the case against you beyond a reasonable doubt. “Beyond a reasonable doubt” is the highest standard of proof in the court system in the United States. Judges often explain that proof “beyond a reasonable doubt” means proof that leaves the jury firmly convinced of someone’s guilt. But, it does not require the prosecutor to overcome every possible doubt.
Elements of the Crime
At trial, the prosecutor must present evidence that the defendant is guilty of each element of a criminal offense beyond a reasonable doubt. The elements the prosecutor has to establish vary based on the case. For example, suppose a person is charged with assault; the prosecutor must present evidence that the person: 1) committed an act, 2) with unlawful force, and 3) caused bodily injury to another person. The prosecutor must present evidence that the defendant did each of those things. Not even one element can be missing.
Presenting Evidence
The prosecution and defense present evidence at trial. Evidence can include everything from a person’s testimony to DNA collected at the crime scene. Other evidence includes photographs, surveillance video, or fingerprints. In Utah, both direct and circumstantial evidence can be presented at trial. It is your attorney’s job to challenge the evidence presented against you. An excellent criminal defense attorney does this by suppressing illegally obtained evidence, cross-examining witnesses, and presenting evidence in your defense.
Presenting Your Defense
To win your case, your attorney will challenge the prosecution’s evidence and present your defense to create reasonable doubt for the jury. This is one of the most essential parts of your case. Common defenses include:
- Alibi: Proving that you were somewhere else, or with someone else, at the time of the crime.
- Self-defense: Arguing that you were legally justified even if you technically committed the act because you were protecting yourself.
- Mistaken identity: Provide evidence that you were misidentified as the person who committed the crime.
Conclusion
Your criminal defense attorney must be ready to challenge the prosecution’s evidence and present a winning defense. You maximize the chances of winning your case by challenging the evidence presented against you and presenting evidence in your defense. No matter your charges, a criminal conviction could significantly impact your life. Make sure you pick the right criminal defense attorney to fight for your rights at trial. If you want to learn more about how to pick a criminal-defense attorney, read our article: 5 Crucial Factors to Consider When Choosing a Criminal Defense Lawyer.