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Who Carries the Burden of Proof in an Expungement Case?

Blog 2017 April Who Carries the Burden of Proof in an Expungement Case?
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Who Carries the Burden of Proof in an Expungement Case?

Posted By Stepniak & Park || 25-Apr-2017

Every court of law has a burden of proof. This refers to proving specific elements of the crime beyond a reasonable doubt, in either side’s favor. In some instances, the prosecution carries a burden of proof, which means they will have to prove evidence which proves the defendant is guilty. In other cases, the defense may bear the burden of proof and will have to prove their innocence. The accused’s lawyers must raise reasonable doubt about every fact the prosecution attempts to prove, hopefully creating enough doubt about any point which may be crucial to a guilty verdict. In doing so, the accused will have to be declared innocent and will not face the consequences of a guilty charge.

An expungement case refers to a court-ordered process in which the legal record of an arrest or criminal conviction is virtually deleted in the eyes of the law. Doing so requires showing to the courts one has completely changed his or her track in life and is now a contributing member of society. An expungement allows a conviction to become sealed, in which case the burden of proof can be either on the prosecution or the defendant.

Contact Our Daytona Beach Criminal Defense Lawyers Today

At Law Offices of Robert Stepniak, we understand just how important it is to successfully fight on your behalf in the event of any pending criminal charges. As your Daytona Beach criminal defense lawyers, we take the responsibility of shifting guilt away from you, so as to ensure you are proven innocent in a court of law. We know just how debilitating it can be to have your entire life overturned due to a guilty conviction of a criminal charge, which is why we will work tirelessly so you don’t have to suffer those consequences. Let us represent you and take the responsibility off your shoulders, so you can rest easy you are in capable and experienced hands.

To reach our firm and contact a member of our team, don’t hesitate to call us at (386) 253-4750.

Categories: Criminal Defense, Criminal Law

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