The following is information on what those charged with a crime in Fairfax, VA should know about the prosecution of a criminal case. If you have been charged, call a Fairfax criminal defense attorney today to schedule a free consultation.
The prosecution is tasked with presenting sufficient evidence to prove somebody’s guilt beyond a reasonable doubt. It is not a numerical standard rather a subjective standard but it is the highest burden that exists in the legal world. The prosecutor must convince a judge or jury that each and every material component of an offense is proven beyond a reasonable doubt before that defendant can be found guilty.
They present evidence which can come in many different forms. It can come in a form of eyewitness testimony or forensic evidence depending on what the charge is. It could also be DNA or ballistics meaning firearms evidence, handwriting specialists, or experts relating to any number of sort of scientific type of evidence such as fingerprints.
Prosecutors could have videotape or documents to assist in proving their case. So, evidence comes in a wide variety of categories. The prosecutors have the ability to have a team of detectives that investigate the case and bring that evidence to the prosecutor who is tasked with organizing a case based on that evidence.
It depends. The first thing you have to do is figure out what their evidence is. So you go through the discovery process and you demand to know what their evidence is going to be. Next, you have to think about what the relevancy is in a particular case. Then, you have to figure out a reasonable explanation as to why the evidence might be there. For example, why a person’s DNA might be found at a crime scene. Well, maybe the person had been there previously for an innocent reason. This works the same way with fingerprints.
So, it depends on what the evidence is and what the relevancy is with each piece of evidence. Then, the defense attorney figures out what the best explanation is that points to innocence rather than guilt for each piece of incriminating evidence that is presented by the prosecution.
I think having that past experience and now being on the side where I am defending the accused makes me very balanced. I think that I am able to see a case more objectively than someone who has only worked on one side of the bar. I am able to view facts and circumstances objectively and give realistic expectations which is going to allow a client to see what a jury would see.
If you are so biased towards the defense, then you might lose sight of what a jury member might see in a particular case. You might then craft your defense to something that is really not important or misses the big picture. It’s really important to understand what battles to fight and when to fight them.
I think having an attorney that has a balanced approach and has fought from both sides of the isle does bring that person that with a unique perspective because it is a realistic perspective. Also, it allows me to have the experience to know what types of arguments are persuasive both in the negotiation phase with the prosecutor and then when it comes to presenting the case before the judge because having arguments that are too slanted towards the defense are not necessarily persuasive.
So again, having a balanced approach and an objective and realistic picture of the case is what serves the clients best.
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