Presumption of Innocence




What is the meaning of the term presumption of innocence?


As one of the best criminal lawyers in Brampton, at Hundal Law Firm, we always uphold the presumption of innocence. It is a principle that forms the foundation of criminal law and, requires that the Crown Attorney has the onus to proving all the essential elements of a case. If you are charged with an offence, then you are always presumed innocent unless proven guilty. The presumption is not only an integral concept of criminal law, but it is also enshrined in our constitution. Under section 11(d) of the Canadian Charter of Rights and Freedoms, any person charged with an offence has the right 'to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal". As a criminal lawyer in Brampton, Bally Hundal always ensures that his clients have the benefit of the presumption of innocence.


Impact of presumption of innocence


The Crown may seek the detention in jail of an individual that is facing criminal charges. Accordingly, there would be a bail hearing to determine whether the person should be released. When faced with this decision, the judge must always keep in mind the overarching principle of the presumption of innocence. A person cannot be penalised if they wish to fight their criminal charges, because this right flows from the presumption of innocence. As criminal case lawyers in Brampton, we are always emphasising the presumption to both the Crown and the judge. We want to ensure that our clients are always given the benefit of the presumption. There is a wrong perception sometimes that just because a person has been charged with a serious criminal offence, then they must be guilty. The presumption of innocence is linked with the term, beyond a reasonable doubt. That means that because a person is presumed innocent, then the Crown has to reach a very high threshold to convict somebody. Most of us have heard of individuals who had been wrongfully convicted of crimes that they had never committed and, this is because the court failed to recognize the presumption of innocence. That is the reason why, as a criminal defence lawyer in Brampton, Bally Hundal always ensures a fair trial. That is because an accused person potentially faces very serious consequences from the legal system and so requires the protection that is afforded by the presumption of innocence.