In a criminal prosecution in the United States, the State must prove each element of a crime you are charged with, or the jury must find you not guilty. Each crime has elements (or parts) that make up the completed crime. If there are three parts, the proof must establish the evidence to prove each of those three parts. Proof can be used that is ‘direct’ (I saw him eat the cookies). It can be ’circumstantial’ (He had the motive and/or the opportunity to eat the cookies). Where there is strong circumstantial evidence, that alone can be a basis for a jury to return a verdict of guilty. A successful criminal defense does not try to prove you innocent (since you as a defendant do not need to prove anything, as you are presumed innocent). The best defense simply seeks to establish that at least one of the elements cannot be proven ”Beyond a Reasonable Doubt’, requiring a verdict of not guilty. However circumstantial evidence can be enough for a guilty verdict. If you are in need of counsel on a criminal complaint, please contact a qualified criminal defense attorney at your first opportunity.
SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102