Michael A. Haber, P.A. Miami Criminal Lawyer
http://www.HaberPA.com 1-888-SHARK-8-1
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In all criminal cases the government bears the burden of proof, and in the USA the government’s burden is to present “proof {with competent and admissible evidence of the crime’s commission} beyond all reasonable doubt”. If there is a doubt, no matter how “small”, trivial or miniscule, so long as it is “reasonable” then the accused must be acquitted of the crime charged.
It is a fundamental principal of American criminal jurisprudence that the government, exclusively and entirely, bears this burden of proof and that the Defendant, the accused, need prove nothing. And while that sounds all “text book” and may earn you top marks on your civics exam, back here in the real world oftentimes if the Defendant wants to walk out of the courtroom through the front door on his/her own power (as opposed to through the back door, shackled and being directed by corrections officers) the s/he must, somehow or another, either “disprove” the allegations or “prove” her/his own innocence.
I like to use the analogy of trying a criminal case to hosting a party. There are generally two (2) sorts of party-goers: those who contribute and those who consume. Contributors show up at your party bearing gifts. They bring a bottle of booze or a fruit bowl or something – above and beyond their mug – which enhances the event. Consumers do the exact opposite. Consumers show up empty handed and then proceed to eat your food and drink your drink and, apart from their company, “contribute” nothing to the event. Surely not across the board and “always”, but, all things equal, most folks appreciate contributors more than consumers, and juries are made of “most folks”.
While the jury will be instructed as to the government’s exclusive burden of proof and moreover that the Defendant need to nothing at all, juries want to hear both sides of the story. They won’t always get to do so (not all Defendant’s can testify -for a variety of reasons – and not all defense cases involve the admission of any evidence) but it is critical to any defense lawyer that, at an absolute minimum, proverbial holes be poked in the State’s case so that reasonable doubt can shine on in.
Each case, and each Defendant, is /are different, and every case is also a fluid experience, but it is the mantra of Michael A. Haber, P.A. to look for and to expose reasonable doubt.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/
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