If you ever find yourself in legal trouble, then the decision to plead guilty or not guilty to a criminal charge is probably the most important aspect you will discuss with your lawyer.
Understandably, your attorney will request police evidence and assess you regarding the strength of the prosecution case. If the lawyer finds the evidence weak, there is a great chance that the criminal lawyer might advise you that you plead not guilty and defend the charge.
However, there is a great probability that you will be pleading guilty if the evidence against you is strong and the resultant prospects of your conviction appear likely.
There are some benefits of pleading guilty. For instance, if you plead guilty early in your case, it might spare you from a lengthy court process. However, more importantly, it might also reduce your imprisonment duration, and the significant discount can result in a discount on the potential penalty imposed upon you by the jury.
If you enter an early guilty plea, you can avail of an up to 25% discount on your sentence. However, the rules might vary from one state to another.
Nonetheless, before pleading guilty, there are three basic rules that you should consider.
Presumption of Innocence
The first rule that you should consider is the presumption of innocence. You must know that all criminal proceedings are initiated with the accused party presumed innocent. That said, you are considered innocent until you enter a guilty plea or the jury finds you guilty.
The Prosecution Carries the Burden of Proof
Another crucial rule to know before you enter a plea is that the burden of potential proof lies only with the prosecution. In other words, it is the prosecution’s job to prove the criminal charge against you, and at no point is the accused required to prove their innocence.
Your Crime Must be proved Beyond a Reasonable Doubt
Another rule you should know before entering a plea is that the prosecution must clearly and very strongly prove its case against you to the required standards of law, which is beyond a reasonable doubt.
This is the highest proof standard known to a country’s law. In other words, it is not enough for the prosecution to tip the scales and prove that the accused party “might have” committed the offense.
According to the standard of proof that the prosecution must meet – the conviction and presented proof must be beyond a reasonable doubt.
What to do if you are accused of a crime?
If you are charged with an offense and you want to ensure that your rights and interests are safeguarded, you must remain silent and talk to your lawyer alone. You must ensure that you ask for your lawyer straight away instead of arguing with the accusing party.
Also, if you are being arrested, your best option is to follow suit and not hinder the arrest, as the police can use anything you say or do in court against you. All you need to do is to place your trust in the lawyer’s hand and let the professional advise you for the best outcome of the case.
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