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IMMIGRATION
LAW
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 Frequently Asked Questions - Criminal Cases How does the government prove guilt? The government must not only bring evidence of your guilt, they must prove their allegations “beyond a reasonable doubt.” As a defendant every juror must swear that they will treat you as innocent. Not only do they have to believe your innocent, but they must not think of why you are charged. The government has the burden of showing why they decided to make an allegation against a defendant. The government, therefore, must bring the exact legal reasons that they believe they have a case. Talk is not enough! The government must bring evidence of guilt. They must prove each and every element of the alleged offense “beyond a reasonable doubt.” What does beyond a reasonable doubt mean? There is no exact definition in Texas anymore. The Texas Court of Criminal Appeals (the supreme court in Texas on criminal cases) abandoned their definition of reasonable doubt a few years ago. Now, a juror must contemplate reasonable doubt. However, reasonable doubt must be any “doubt” based on “reason.” If one has “any reason to doubt” then one has a “reasonable doubt.” Doubt does not mean that one disbelieves. Disbelief is a higher standard. The standard is not “beyond disbelief” the standard is beyond a reasonable doubt. One can still believe something and have a reason to doubt. Therefore, if a juror has believes someone guilty but has a reason to doubt that belief, then one has a “reasonable doubt.” If there is any reason to doubt a belief then there is a reasonable doubt. We can conclude therefore, that the government must prove their case to the point that one believes a defendant guilty without any reason to doubt that belief. This is a high standard of proof. However, the government must Do I need to testify? Absolutely not! It is not required that you testify in your case. The United States Constitution, particularly the 5th Amendment, protects a person from having to testify in their own criminal trial. It is the government’s burden to prove their case. You are not required to prove your innocence. As such, you should not be made to testify. One often hears on T.V. that a person “pleads the 5th” this comes from the “5th Amendment” which allows you to “remain silent.” Additionally, one often hears “you have the right to remain silent, but anything you say can and will be held against you in a court of law.” This not some swift slogan, but rather, a serious warning that by saying anything you may be giving up your 5th Amendment right. Should I testify? This is a more difficult question that must be reviewed on case by case basis. It just depends on the facts of your case and what trial strategy is best for your case. One should have a good idea of what they are going to be questioned about before one takes the stand. More importantly, one should know what the answers are and how they will be interpreted. Often times, it is best for a person to remain silent even if they believe they did nothing wrong. A trial attorney, who has experience with criminal cases, can best make these judgments after learning all the facts of your case. |
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