What Is the Presumption of Innocence?

A Team Backed By 100 Years of Experience

In U.S. criminal cases, the burden rests upon the accuser – the government – to prove that the defendant is guilty of a crime. To allow the defendant a fair trial, they are presumed innocent unless the prosecutor can show otherwise. That means the judge or jury hearing the case must accept that the defendant is not guilty and must base their determination of guilt only on the evidence the prosecutor presents in the case. Because the defendant is presumed innocent, they do not have to prove that they did not commit the alleged offense; the burden typically rests solely on the prosecutor.

Because the consequences of a conviction are steep – often resulting in fines, jail/prison time, and administrative penalties limiting a person’s rights – the evidentiary standards prosecution must meet are high; they must prove beyond a reasonable doubt that the defendant committed the alleged crime. This does not mean there can be no doubt at all, but the judge or jury does have to be convinced, with moral certainty, of the logical conclusion that the defendant committed the alleged act. If the prosecution cannot successfully prove the defendant is guilty, the judge or jury must find them “not guilty.”

Theoretically, the presumption protects innocent people from being convicted of an offense they didn’t commit, thereby preventing them from suffering the harsh consequences of a conviction. It also means that the judge or jury cannot base their determination on any extraneous factors or any assumption of personal character; final decisions must be based on the strength of the evidence presented in court.

Schedule a Free Case Evaluation with Corrigan Welbourn Stokke, APLC

Backed by over a century of combined legal experience, our lawyers have the knowledge and skill to build effective legal defenses, and we have successfully gotten charges reduced or dismissed for past clients. If you were accused of a crime, trust our team to fight tirelessly to protect your rights.

Call us at (949) 251-0330 or contact us online for your free case evaluation.

Categories: 

Our Settlements & Verdicts

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Not Guilty Not Guilty Verdict on multiple Sexual Assault charges
  • Mistrial Mistrial Declared in Attempted Murder Case
  • Dismissed Hung Jury in Re-trial of Penalty Phase of Death Penalty Trial
  • Not Guilty Not Guilty Verdict in $1 Billion Investment Fraud Trial
  • Charges Dismissed Charges Dismissed in Felony Embezzlement of Airplane Case
  • “As far as I'm concerned Ed Welbourne is the Jason Bourne of the courthouse!”
    “As far as I'm concerned Ed Welbourne is the Jason Bourne of the courthouse!”
    Anthony J. G.
  • “I have never met an attorney like Ed before; he is truly one of a kind.”
    “He made me feel like I was important and that I mattered. I have had attorneys in the past and not always good experiences. However, Ed restored my faith in the legal system.”
    Former Client
  • “I am strongly recommend Mr. Welbourn to need an excellent attorney to defense your criminal case. ”
    “Mr. Welbourn fought hard to win the case with excellent result, a misdemeanor with a sentencing of 60 days to do Pay To Stay program.”
    Former Client
  • “(My son) is a better person due to Ed’s efforts and accomplishments on his behalf.”
    “Ed Welbourn is a lifesaver. He has kept my son from making a permanent turn in the wrong direction, by finding him second chances. ”
    Former Client
  • “ I would not hesitate to recommend him to anyone seeking the best in the business.”
    “Ed made a very confusing and scary experience much less so with his caring and professional expertise.”
    Former Client
  • “Mr. Welbourn was very honest with me and at the same time showed by his interest and actions that he really cared about me as an individual. ”
    “It has been my experience that he shows a genuine interest in people and really takes time to listen, which I found refreshing, as attorneys are very busy.”
    Former Client
  • “If I ever need an attorney in the future, he will definitely be my go-to guy.”
    “He has been candid in his assessment of my legal predicaments, appeared in court by my side, and has skillfully guided me through the confusing maze of the Orange County legal system.”
    Former Client
  • “Throughout all the matters I have worked with Ed on, I was impressed and pleasantly surprised at the level of dedication, commitment and energy he put into all three cases. ”
    “ His compassion during a very stressful for time for me and my family was extraordinary. He listened attentively, was extremely thorough, patient and immediately engaged with the case.”
    Former Client