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Burden of Proof

In a criminal case,  the government has the burden of proving their charges or allegations against a defendant. The standard requires proof beyond a reasonable doubt in order to turn a criminal allegation into a conviction.

As more than a few people are painfully aware, an accusation concerning a crime may be inaccurate or altogether false. The burden of proof is a high hurdle for the government  to overcome and in place for good reasons.  We should never want our government to convict an innocent person and possibly restrain their liberty or freedom.

Proof beyond a reasonable doubt sets the bar which the government must clear at a very high level. For comparison purposes, to terminate parental rights in Texas requires the government to prove, by clear and convincing evidence, that a parent is essentially unfit.

By contrast, proof beyond a reasonable doubt places an even higher burden on the government. In other words,  the quality of the evidence to convict someone in Texas [proof beyond a reasonable doubt] must be even better than to terminate the rights of a parent [clear and convincing evidence].

If you have been charged with a crime, it is important to seek legal counsel, immediately. Attorney DAVID W. PHILLIPS will make every effort to protect your liberty interests and demand that the government be held to its burden of proof - frequently, with the assistance of a jury.