What Do You Need to Prove If You’ve Been Arrested?

If you have been arrested for a crime, the fact is you need not prove anything.  The most fundamental principle of our criminal justice system is that a person who is accused of committing a crime is presumed innocent.  This presumption stays with the accused throughout the entire case and only leaves them if they are found to be guilty or if they plead guilty.

Therefore, it follows that since the accused is presumed to be innocent, it is actually the prosecutor who must prove everything.  Specifically, the prosecutor must prove each and every element of the crime or crimes charged.  They have the burden of proof.  And their burden is to prove the defendant’s guilt beyond a reasonable doubt.

For example, in the case of an arrest for Driving While Intoxicated, the prosecutor must prove each element of that crime beyond a reasonable doubt.  There are two elements of that crime:

1. That the defendant was operating a motor vehicle, and
2. That he or she did so while in an intoxicated condition.

This is important to understand.  Our office has represented many clients who were admittedly intoxicated but were not operating a car.  I cannot even count the number of “sleeping” cases we have handled where the police actually wake up our client who is sitting behind the wheel passed out from drinking and then charge them with Driving While Intoxicated.  In court, the prosecutor argues that since the car was running and they were behind the wheel, they are guilty.  And while this conduct is technically within the definition of “operation”, the law requires further proof to reach proof beyond a reasonable doubt.

Our office has argued successfully for many clients that the law requires more than sleeping behind the wheel.  In truth, the law states that the prosecutor must prove an intent to drive.  For example, if a person passes out while the car is in drive, or is asleep at a traffic light, this is operation.  However, sleeping behind the wheel in a parking lot, or on the side of the road, is not necessarily operation.

The most important thing to understand is that if you are charged with any crime, you must have a lawyer who will fight for you and who will not give the prosecutor the benefit of any doubt.  The presumption of innocence is yours and your lawyer must fight to for you to keep it that way.