“Innocent until proven guilty,” is a presumption of innocence or a principle that assumes a defendant to be innocent until the government can prove their guilt beyond reasonable doubt.
This is a due process requirement that is an essential tenet of criminal law, and is also mandated in statutes and court opinions. The two doctrines of “presumption of innocence” and “beyond reasonable doubt” are different, but connected.
The Fifth Amendment of our constitution gives criminal defendants the right to due process. This means that the defendant can’t simply be accused and put behind bars until their crime is proven in court. The defendant is also protected from testifying against themselves in court, and they’re also not liable to prove their innocence. Instead, a prosecutor must prove that they’re guilty beyond reasonable doubt.
What Are the Rights of the Accused?
The Fourth Amendment protects the defendant from search and seizure without a warrant. According to the Fifth Amendment, they can’t be tried for a felony crime without the indictment of a Grand Jury. The amendment extends to protect the suspect from double jeopardy (being tried for the same felony twice), from witnessing against themselves and gives them the right to due process.
Other rights under the Sixth Amendment and the Eight Amendment include the right to a public trial with an impartial jury, the right to be informed of the charges against them, the right to counsel for defense and protection against excessive bails and fines, and any usual punishment.
You may have heard on criminal law shows how they say, “You’re under arrest. You have the right to remain silent,” as they handcuff the suspect—that’s not just a dialogue; you do have the right to remain silent by law. If you ever get arrested for a crime, always remember to call for a lawyer and if you can’t afford one, the state will appoint one for you.
Presumption of Innocence and Excessive Bail
The right to bail comes from the doctrine of assuming the defendant to be innocent until proven otherwise. Simply put, a bail is a contract between the defendant and the court in which the defendant agrees to pay a set bail amount to the court in exchange for pre-trial release. The bail serves as a guarantee for them attending all the court trials—how high the bail is set depends on the seriousness of the crime.
Hiring a Bail Bond Company
Defendants sometimes can’t afford to pay the bail without external help. This is where a bail bond agency comes in. You can hire a reputable bail bond company that’ll pay the bail for you in exchange for a small fee and collateral to cover the cost of your bail.
If you’re looking for a bail bond services in Miami County then reach out to us at DeLaughter Bail Bonds. We’re available 24/7 to take your call of emergency. Allow our experienced and trusted agents to help with your bail by contacting us now!
