Trial and Burden of Proof (Reasonable Doubt)
In a federal criminal trial, the burden of proof is on the government. No defendant must prove his or her innocence. Instead the government must provide evidence to a jury of 12 people of the defendant’s guilt beyond a reasonable doubt. This is the highest burden of proof in the land. If the defendant is found guilty, the judge will set a sentencing date and order a presentence investigation report.
If the defendant is found not guilty, he or she is released (unless he or she has a detainer from another case), and the government cannot arrest the person for the same criminal offense, nor appeal. This is called double jeopardy.
If your current criminal defense attorney is not aggressively working to make sure the government is meeting its burden of proof, talk to us. Call us at 813-440-2347.
If you are facing federal criminal charges in any of the U.S. federal district courts in Florida, call a criminal defense lawyer at O’Brien Hatfield, P.A.. We have offices in Tampa and Orlando and represent clients in federal criminal cases throughout Florida. We hold the prosecutor to the highest standards of evidence.
Our law firm’s founder, Mark O’Brien, is a former prosecutor with years of experience in criminal cases on both sides of the courtroom. We use our experience to challenge everything about the case. The prosecutor MUST meet the burden of proof required for a conviction.
Call us or send an email with details of your current circumstances. We offer a free consultation. .