What is the burden of proof at a criminal trial?

The burden of proof at a criminal trial in Pennsylvania and New Jersey, as well as all other criminal trials in the United States, is guilt beyond a reasonable doubt. The burden is always on the prosecution and never on the defense. Unlike at trial, the burden of proof at Motion to Suppress “by the preponderance” of the evidence. This means that the prosecution only has to establish that their argument is slightly stronger than the defense’s argument.

 
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Alfonso Gambone is a Philadelphia criminal defense attorney dedicated to protecting your rights.