Stephen's Blog

The State of Arkansas’s burden of proof in a criminal case is beyond a reasonable doubt. A reasonable doubt is not a mere possible or imaginary doubt, but something that would cause a careful person to pause and hesitate in the graver transactions of life. If the jury or finder of a fact (think Judge) would “pause” or be skeptical about the evidence, then the defendant is not guilty. In most cases, the Defendant does not have to prove anything in a criminal case. YOU DO NOT HAVE TO PROVE ANYTHING! Unfortunately, sometimes a criminal defendant does have to “rebut” a presumption in the law. That is common in drug cases where the amount of the drugs creates a presumption that the person charged intended to sell or distribute the controlled substance. All criminal defendant’s all presumed innocent and have a constitutional right to be presumed innocent. All criminal defendants have a constitutional right to a reasonable bail in the State of Arkansas.