Being charged with a criminal offense before any court in Miami, Florida, you are presumed innocent unless proven guilty beyond reasonable doubts. This presumption of innocence is enshrined in the Bill of Rights of the Constitution and that the courts should recognize at all times. A practicing trial attorney in criminal defense Miami should have a full understanding of this legal doctrine.
In actual legal practice, the presumption of innocence is described as it is the duty of the government to prove the guilt of the accused person. The government prosecutors should present undisputed evidence before the court to prove without any doubts that the alleged criminal act punishable under the criminal law was committed by the accused person. This legal doctrine has become the fundamental tenet in the criminal justice system and entrenched on statute of crimes and in jurisprudence.
Also, this legal doctrine supports the right of the accused person to post bail for his temporary liberty from imprisonment while his case is on trial. The 8th Amendment of the Constitution of the U.S. provides that excessive bail shall not be imposed. However, in practice, the court in some instances does not grant bail to the accused who allegedly committed a serious and capital crimes, and those who are in flight or pose a great danger to the general public. However, a good trial attorney will ask the court to grant bail to his client as a part of good practice in criminal defense Miami. In short, the presumption of innocence is not absolute, rather it is subordinate to the police power of the state.
While in reality no one will be accused and faced trial before the jury unless there is an aggrieved party who is seeking justice and remuneration of damages caused by him. A police officer after investigation and believed that the crime was committed will stand before the jury to attest to the facts that the crime was committed. And, the government prosecutor after finding that there is a probable cause will be filing a criminal charge before the court against the alleged offender. In reality, the doctrine of presumption of innocence is a mere symbolic and theoretical.
Nonetheless, a good trial attorney in criminal defense Miami will always invoke the legal principle of presumption of innocence of his client as an essential process on all criminal proceedings. This emphasizes that his client will be adjudged according to the strength of the evidences presented by him in his defense rather than on a mere allegation of the aggrieved party. That his client’s guilt should be proven by the prosecutors beyond reasonable doubts that his client committed the crime as charged. That the burden of proving his client’s guilt is with the prosecution.