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Ed Shaw Law No Nonsense Legal Advice

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The Presumption of Innocence

by | Jul 18, 2023 | General Law |

It is one of the foundations of our legal system, someone accused of a crime is presumed innocent unless proven guilty beyond a reasonable doubt. This means that in a criminal trial the jury has to assume that you are innocent unless the prosecution proves your guilt.

What many do not know, this presumption does not apply in civil and family court. If you are accused of a crime that impacts your ability to care for children, the other side can argue before you are convicted that what you are accused of should be used against you, and the judge can use it against you before your conviction. In this type of situation, you also need to worry about any statements you make in the family court case being used against you in the civil case.

Bottom line, if you are accused of a crime and you are going through a custody or parenting time issue in family court you need to be very careful about not incriminating yourself in the criminal case with statements in family court, and, you have to worry about the criminal case hurting your chances in family court.  Tread lightly and get good advice if you are in that situation.



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