You are presumed innocent in Canada until proven guilty. And it’s more difficult than you may imagine establishing someone’s guilt in a court of law. Criminal trials are governed by a rigid set of laws and processes in order to prevent innocent persons from being found guilty. These policies and guidelines are in place to safeguard you. Don’t assume you will be found guilty if you are charged with a crime. Contact Passi & Patel defence lawyers in Brampton region if you want expert assistance. No one is guilty until they are shown to be so. The prosecution has the burden of proof, not you. No one needs to see evidence of your innocence. A criminal accusation is an unsubstantiated claim. When accusations cannot be supported by evidence, they must be dropped.
What is the burden of proof on the prosecution?
Crime legislation is intricate. For each accusation brought against you, the prosecution must establish each element of the offence, including: Identity: The prosecution must establish your guilt in order for charges to be filed. Sometimes it is difficult to show this, in which case the accusations must be dropped.
Does the court have jurisdiction over the charge as well as you? A theft case, for instance, cannot be prosecuted in an Ontario court if it was purportedly committed in British Columbia. Was the accusation brought before any applicable statute of limitations had run out? Some accusations must be brought out promptly or they cannot be brought forth at all.
Is what you did illegal? If it turns out that the vendor sold you anything that only looked like a drug, for instance, if you bought what you thought to be an illegal narcotic and the police charged you with possession, and then you were not in possession of an illegal substance. There will be certain facts that the prosecution will need to show for each charge.