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Basics of a Criminal Trial

New York City DUI and Traffic Ticket Lawyer: What is the "Presumption of Innocence"?

All people accused of a crime are legally presumed to be innocent until they are convicted, either in a trial or as a result of pleading guilty. This presumption means not only that the prosecutor must convince the jury of the defendant's guilt, but also that the defendant need not say or do anything in his own defense. If the prosecutor can't convince the jury that the defendant is guilty, the defendant goes free.

The presumption of innocence, coupled with the fact that the prosecutor must prove the defendant's guilt beyond a reasonable doubt, makes it difficult for the government to put innocent people behind bars.

What's the difference between a felony and a misdemeanor?

Most traffic tickets are issued for traffic offenses called "infractions" -- including tickets for mechanical violations and most non-dangerous moving violations. Infractions do not usually carry the same stigma and penalties as serious criminal offenses. But certain traffic-related offenses are categorized as "misdemeanors" or even "felonies" and can result in more significant fines, loss of driving privileges or even imprisonment.

Going through a red light may be a misdemeanor in one state, for instance, but it becomes a felony if the driver hits another vehicle in the intersection and an occupant of that vehicle dies. In addition, some traffic tickets are defined as misdemeanors or felonies from the outset, such as driving with a revoked license, leaving the scene of an accident, or reckless driving. People accused of these more-serious traffic violations are entitled to all constitutional protections provided to criminal defendants, including the right to a court-appointed attorney and a jury trial. Following is a discussion of traffic misdemeanors and traffic felonies.

Most states break their crimes into two major groups: felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor. In some states, certain crimes are known as "wobblers," which means that the prosecutor may charge the crime as either a misdemeanor or a felony. For any legal problem or if you have a legal question then contact me immediately.