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Burden of Proof Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendants guilt.
She will also have the court issue a summons. A summons is a legal document that notifies the defendant that he is being sued. It tells him which court the case is in, the names of the parties to the case, and the names of the plaintiffs attorney (if there is one).
Physical evidence is often one of the most powerful forms of evidence in a criminal case, especially when it links the defendant directly to the crime scene or victim.
A summons is a document from the Circuit Court that informs the defendant that a complaint has been filed against her/him. The Court does not serve the party.
In a criminal trial, a defendant is a person accused (charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed.
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Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendants guilt. The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial.
The defense does not have to prove anything. The prosecution always has the burden to prove their case, and they must prove every element of the charge beyond a reasonable doubt.

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