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Presumption of Innocence in Georgia Law Roswell, GA
Police Car Roswell, GA

Under Georgia law, a person who is accused of a crime cannot be convicted until each element of such crime is proved beyond reasonable doubt (§ 16-1-5. Presumption of innocence; standard of proof for conviction). Being accused of a crime, therefore, does not make you guilty by default.

Criminal law is complex and for good reasons. Without a system that is just to all, including individuals who have been accused of a crime, a greater number of those individuals could face convictions for crimes they did not commit. Essentially, the presumption of innocence places the onus of establishing guilt on the prosecution, rather than compelling the defendant to prove innocence.

Right to Silence

You may have heard the term “taking the fifth,” which of course refers to an individual exercising his or her Fifth Amendment right against self-incrimination. However, there are several other rights enshrined within the Fifth Amendment, including the right to a grand jury and protection against “double jeopardy.”

While the presumption of innocence and right against self-incrimination could help you in your case, there are numerous other rights that may apply. Every case is different, so it is important that defendants in a criminal case understand relevant areas of law and any protections they are afforded.

Criminal Defense Lawyer

No individual is guilty by default as a result of presumption of innocence. However, your words and actions from the time of any criminal accusation can have implications in a criminal case. If you have been accused of a crime, you may wish to speak to an experienced criminal lawyer. Thomas C. Rowsey can provide qualified legal advice and guidance that will help to ensure your rights are protected.

With over 30 years’ experience in criminal law, Thomas C. Rowsey is passionate about guaranteeing fair representation for individuals in Georgia. Call today if you are in need of an experienced lawyer.

Posted on behalf of Rowsey & Stelter, Attorneys at Law

295 W Crossville Road,
Building 100, Suite 110,
Roswell, GA 30075

Phone: (770) 993-5317

Monday - Friday 9:00 AM – 5:00 PM
Saturday Closed

Our Client Reviews

Rowsey & Stelter, Attorneys at Law

4.4 / 5.0

Based on 7 reviews

Chris Smith

Tom did an excellent job setting up my LLC for my new business recently. I was in a situation where I needed the LLC formed quickly and Tom and his team were able to work on a very short deadline. Highly recommended!

GAAW Wright

Tom has been our attorney for many years. He has been with us through thick and thin. He has successfully handled all our queries and cases with patience and understanding. We highly recommend Tom!

Corey Rennolds

At all times for the duration of my case, Tom demonstrated professionalism, confidence, and honesty. At no point was I pressured to make any one decision over another, but Tom did his best to inform me about the consequences and benefits of all of my options. If he did not know some specific detail regarding my case, he made the effort to find out. Tom instantly exudes trustworthiness and was always in steady contact. I would recommend his services to anyone.

Justina Allen

I met Tom over 10 years ago after settling in Roswell with my family. I have learned over the years that Tom is a man of high integrity, genuine and extremely knowledgeable in his field. Along with being honest, he is a straight shooter and will let you know where you stand. He will provide you with personal attention you don’t get at bigger firms and will go the extra mile. As legal matters can be frightening to deal with, Tom will guide you through the process and get you the results you need.

Rowsey & Stelter, Attorneys at Law

Contact Us Today!

295 W Crossville Road,
Building 100, Suite 110,
Roswell, GA 30075

(770) 993-5317

Monday - Friday 9:00 AM – 5:00 PM
Saturday Closed