Louisiana residents often take their fundamental rights for granted until they are threatened. When people suddenly find themselves the subject of an investigation and the target of criminal charges, some of their most fundamental rights are in jeopardy.
Last week, this blog discussed the high burden of proof carried by the government in a criminal case. The principle behind this burden, known as "beyond a reasonable doubt," is that no innocent person should be convicted of a crime he or she did not commit.
The burden of proof in a criminal case always remains on the government, meaning the defendant does not have to prove his or her innocence. At the same time, a defendant should be proactive. There are many things the defendant may be able to do to attack the government's case.
For instance, in a case involving white collar crime, the defendant should understand the basis of the allegations made by the government. Many white collar crime cases involve rather complex schemes, and there can be nuances that may be misunderstood by the prosecution. It can be crucial to present an explanation of the evidence that contrasts with the prosecution's explanation. Defense attorneys can cross-examine government witnesses and point out mistakes or discrepancies in their testimony, casting doubt on the government' case.
Our firm has significant experience in defending our clients against white collar crime charges. We work closely with our clients to hold the government to its strict burden of proof. For more information on how our firm vigorously defends our clients, please visit our page on white collar crime.