Difference between being factually innocent and not-guilty скачать в хорошем качестве

Difference between being factually innocent and not-guilty

San Diego criminal defense attorney Stefano Molea talks about important differences between being factually innocent and being not-guilty. Office Address: Law Office of David P. Shapiro 3500 5th Avenue Suite 304 San Diego, CA 92103 619-295-3555 https://www.davidpshapirolaw.com/ Hi, Stefano Molea here, San Diego criminal defense lawyer and partner at the Law Office of David P. Shapiro, where we help good people regain control of their future when charged with a crime. In this video, I'm going to answer an important question that will shed light on some fundamental principles of our system. Is there a difference between factual innocence and not guilty? Yes, there is. First, factual innocence means that the person literally did not commit the alleged criminal act. "It wasn't me," or it didn't happen, period. For example, I had a client accused of doing some bad stuff. I was able to subpoena surveillance footage that showed he was somewhere else at the time of the crime, factually innocent. Not guilty, on the other hand, means that the prosecution can't meet its evidentiary burden. Important to remember that the prosecution is the only side that has anything to prove. Whether someone is guilty or not guilty is a legal question that depends on whether the prosecution can meet every single element of the alleged crime and prove it beyond a reasonable doubt. If the prosecution can't, then the person is not guilty. Let me give you an example that will make some feel a little uncomfortable. After a jury trial when there is an acquittal, a juror says, "I think he probably did do it, but the prosecution couldn't prove it." That means the system worked. Remember, even if it feels off, the system is designed to protect everyone, including the factually innocent. Got questions? Give me a call, Stefano Molea, San Diego criminal defense lawyer, (619) 295-3555.