Colorado Criminal Defense Blog

Who Has the Burden of Proof in Criminal Cases?

In a criminal trial, the burden of proof always falls on the government—prosecution—who must prove criminal charges against a defendant. In the United States, a defendant is always presumed innocent under any and all circumstances until found guilty under the Constitution’s 5th and 14th Amendment protections of due process.

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Colorado Criminal Defense Attorney Explains the Burden of Proof

For an individual to be found guilty in a criminal court, the prosecution must show beyond a reasonable doubt to a jury [..]