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Legal concept

Presumption of Innocence

You are innocent until proven guilty; presumed not guilty until you take a plea of guilty or are sentenced as being guilty.

What Right Law Group attorneys say

What I always like to make sure juries understand is when we first get up there, my client's innocent. When the DA is questioning people, my client's innocent. When the DA is done, my client is still innocent. My client is innocent all the way until the jury walks back into the room and starts deliberations.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains Jury Selection ProcessWatch clip ↗
if they then deliberate during that process and determine that the facts have shown that they are guilty fine, then we have a guilty verdict, but up until that point the jury actually decides that they're guilty, my client is innocent the entire way through and the law backs that up.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains Jury Selection ProcessWatch clip ↗
when we first get up there, my client's innocent. When the DA is questioning people, my client's innocent. When the DA is done, my client is still innocent. My client is innocent all the way until the jury walks back into the room and starts deliberations.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains Jury Selection ProcessWatch clip ↗
But there's a number of reasons why you should not enter not guilty plea the first day you go to court. Number one, you don't have to. It's still America. You are still innocent until proven guilty. So, you are already considered not guilty when you go to court. Anytime you go in pre-sentencing, you are seen or you should be seen as not guilty because it is your right to be treated as not guilty because you have not been sentenced or taken a plea. So, you don't have to actually formally assert that you're not guilty. It is presumed under the US Constitution.
Alexis Austin Litle · Do I Enter A Not Guilty Plea The First Time I Go To Court? // Right Law GroupWatch clip ↗
But you are presumed innocent until you either go to court and are convicted or you take a plea or you go to trial and are convicted. But you are presumed innocent. In other words, you are not guilty until you take a plea of guilty or are sentenced as being guilty. So you don't have to formally enter a not-uilty plea until you're ready to start that speedy trial clock.
Alexis Austin Litle · Do I Enter A Not Guilty Plea The First Time I Go To Court? // Right Law GroupWatch clip ↗
it's your right, of course, to remain silent you don't have to testify you don't have to do anything in this case. And under the law, your attorney doesn't have to do anything either because you are presumed innocent until they actually prove you guilty, but if you have an attorney that's worth anything at all they're gonna be working real hard for you.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains the Jury Trial ProcessWatch clip ↗
View all 7 clips ›

Frequently asked questions

But you are presumed innocent until you either go to court and are convicted or you take a plea or you go to trial and are convicted.

Alexis explains: "But you are presumed innocent until you either go to court and are convicted or you take a plea or you go to trial and are convicted. But you are presumed innocent. In other words, you are not guilty until you take a plea of guilty or are sentenced as being guilty. So you don't have to formally enter a not-uilty plea until you're ready to start that speedy trial clock."

Answered by Alexis Austin Litle · Watch clip
if they then deliberate during that process and determine that the facts have shown that they are guilty fine, then we h...

Alexis explains: "if they then deliberate during that process and determine that the facts have shown that they are guilty fine, then we have a guilty verdict, but up until that point the jury actually decides that they're guilty, my client is innocent the entire way through and the law backs that up."

Answered by Alexis Austin Litle · Watch clip
it's your right, of course, to remain silent you don't have to testify you don't have to do anything in this case.

Alexis explains: "it's your right, of course, to remain silent you don't have to testify you don't have to do anything in this case. And under the law, your attorney doesn't have to do anything either because you are presumed innocent until they actually prove you guilty, but if you have an attorney that's worth anything at all they're gonna be working real hard for you."

Answered by Alexis Austin Litle · Watch clip
Resolution Without Trial: Plea Bargains

Right Law Group's guide explains: "Plea Bargains // Your Guide To Surviving Arrest In Colorado If you are 18 years or older that have been charged with a crime in Colorado , you may wonder what to expect after getting arrested."

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Trial Process

Right Law Group's guide explains: "Understanding the DUI Trial Process: What to Expect Your Guide to Surviving Arrest In Colorado After working with your criminal defense attorney for weeks, or even months, following your arrest, a criminal trial will be the next step in the process."

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Understanding Colorado Bail Laws

Right Law Group's guide explains: "A Complete Guide for Defendants and Families When facing criminal charges in Colorado, understanding how the bail system works can make a significant difference in your case outcome and your ability to prepare an effective defense."

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Understanding the Burden of Proof in Criminal Cases

Right Law Group's guide explains: "You’re facing some serious charges, and you might be wondering how the prosecution plans to prove their case against you."

Source · Read guide
What I always like to make sure juries understand is when we first get up there, my client's innocent.

Alexis explains: "What I always like to make sure juries understand is when we first get up there, my client's innocent. When the DA is questioning people, my client's innocent. When the DA is done, my client is still innocent. My client is innocent all the way until the jury walks back into the room and starts deliberations."

Answered by Alexis Austin Litle · Watch clip
when we first get up there, my client's innocent.

Alexis explains: "when we first get up there, my client's innocent. When the DA is questioning people, my client's innocent. When the DA is done, my client is still innocent. My client is innocent all the way until the jury walks back into the room and starts deliberations."

Answered by Alexis Austin Litle · Watch clip

Each answer links directly to the source where a Right Law Group attorney addressed this question.

9 answers grounded in Right Law Group sources

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What clients say

The situation

a DUI case

What changed

knows the law and helps represent you to the best of their ability

The result

helped me get a DUI case dismissed in El Paso county

Jason M. Zoe Levesque★★★★★Google verified
The situation

pulled over in Manitou Springs and accused of a DUI… even though I was completely sober!

What changed

They took the time to hear me out, review every detail of my case, and make sure I was never left in the dark

The result

Dismissed at the DMV hearing, and dismissed in court

Dylan R. Zoe Levesque★★★★★Google verified
View all testimonials ›

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