Colorado Springs residents might want to understand what the basic criminal laws are for the our state. There are specific rules and regulations that dictate what can and cannot be done in the state of Colorado. And, there are some very import concepts to understand as well.
One of the most important concepts to understand about Colorado criminal law is the phrase “beyond a reasonable doubt“.
The Burden Of Proof – Key To Reasonable Doubt
Any legal case that is going to trial is one party seeking damages from another. One party was wronged, or one party allegedly broke the law.
To win, one side must satisfy the burden of proof with the evidence that is presented and prove that the illegal action or damaging activity did indeed happen. Depending upon the kind of case, there are a variety of levels to show the burden of proof. In a civil case, it’s generally by the preponderance of the evidence that is presented in the case.
For those who are charged with a crime, regardless of whether it’s a homicide or a drug crime, the prosecution must be able to prove the burden of proof which shows that the person is guilty of the crime beyond any reasonable doubt.
When faced with criminal charges in Colorado Springs, skilled criminal defense attorneys can assist you in protecting your legal rights in the state of Colorado by ensuring that the prosecution has presented the burden of proof in the trial. Only then will a conviction occur.
Criminal Court Vs. Civil Court
In the criminal court, a much higher burden of proof is required than that of a civil court.
Criminal courts require juries to find the defendant guilty of the crime beyond any reasonable doubt. In numeric terms, this is observed as a 99 percent certainty that the defendant is responsible for the actions and is truly guilty of the accusations at hand.
The burden of proof is the assurance that the accused did indeed commit the crime. When presented to the judge or a jury, this evidence must prove beyond a reasonable doubt that the person is indeed guilty. If the person pleads “not guilty” then the burden of proof is on the prosecution. They must prove that the person is guilty at the trial.
Beyond A Reasonable Doubt
Obviously, the next question is what’s “beyond a reasonable doubt”? This doesn’t mean that the individual’s guilt is beyond any doubt, rather, it means that the evidence that has been presented leaves no possible or reasonable doubt to the person’s guilt of the crime. There’s simply no other possibility.
There are many standards of beyond a reasonable doubt. There’s probable cause, reasonable suspicion, and reasonable doubt clear and convincingly.
This is the amount of evidence that officers must have before they pull someone over or stop them on the street to ask questions regarding an action. For an officer to stop someone, they must be able to articulate that the person is in the act of or about to commit a crime.
This is the evidence that the officer requires before he or she can make an arrest. This shows that the officer had the proof and probable cause to believe that the person was about to, or in the act of committing a crime.
Probable cause isn’t enough evidence to commit. It’s just the evidence that is required to make the arrest. Probable cause is the evidence that a grand jury requires to indict a case against a person.
This is why cases are often indicted, however, fewer of them are able to make it to the jury with proof of evidence.
Clear And Convincing Evidence
This is the evidence that is highly and substantially likely to be true.
Clearly, there are a lot of gray area in regards to the kinds of the burden of proof. That’s why it’s vital to work with an experienced Colorado Springs attorney to ensure that these gray areas are presented to your advantage when you’re in court at a trial.
Regardless of how things are right now, there are breaks in the case that may help. It’s time for action today. Call now.
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