Asked almost 2 years ago - Orlando, FL

Art. 38.03. [705] [785] [765] PRESUMPTION OF INNOCENCE. All
persons are presumed to be innocent and no person may be convicted
of an offense unless each element of the offense is proved beyond a
reasonable doubt. The fact that he has been arrested, confined, or
indicted for, or otherwise charged with, the offense gives rise to
no inference of guilt at his trial. Does Florida have any similar statute??

Attorney answers (5)

  1. 8

    Lawyers agree

    Answered . You will find language similar to this in the jury instructions every Judge in Florida must read to every jury before they deliberate. The real question is, "What is reasonable doubt?" There is a different definition in every state, and none of them are very clear. Framing the definition is often key to winning the case.

    For more information or to set up a free consultation contact the Witt Law at 407-205-WITT (9488). This answer... more
  2. 5

    Lawyers agree


    Best Answer
    chosen by asker

    Answered . This sounds more like a jury instruction. There is no need to have this set forth in a statute, it is a basic requirement of all criminal law cases. I am not aware of such a statute in Florida.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  3. 6

    Lawyers agree


    Answered . It is in the standard jury intructions

  4. 7

    Lawyers agree


    Answered . I am sure that it does & even if not, it is basic that the burder of proof in a criminal matter is that you are presumed innocent until proven guilty beyond a reasonable doubt. That burder is much higher than in civil matters.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  5. 3

    Lawyers agree

    Answered . I don't know anything about Texas Law, but, unlike the U.S. Constitution (which does guarantee a presumption of innocence), the Constitution of the State of Florida does not explicitly guarantee you a presumption of innocence, nor is there a per se statute in Florida providing for the same. Florida is explicitly bound to follow the U.S. Constitution however, and, as my colleagues have aptly pointed out, Florida's Standard Criminal Jury Instructions speak both loudly and clearly on the presumption of innocence.

    You may want to Google the Standard Jury Instruction in Criminal Cases , which are mandatorily read to every jury in every criminal case in the State of Florida. 2.1 - Preliminary Instructions states "... At no time is it the duty of the defendant to prove [his] [her] innocence... a jury is not permitted to to draw any inference of guilt..." Also, 3.7 - Plea of Nor Guilty, Reasonable Doubt and Burden of Proof states that "...The defendant has entered a plea of not guilty. This means that you must presume or believe the defendant is innocent. the presumption stays with the defendant as to each material allegation in the [information] [indictment] through each stage of the trial unless it has been overcome by the evidence to the exclusion of and beyond a reasonable doubt. To overcome the defendant's presumption of innocence, the state has the burden of proving the crime with which the defendant was charged was committed and the defendant is the person who committed the crime..."

    I hope that this was helpful.

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Daniel P. Hilf

Driving While License Suspended

Driving While License Suspended or Revoked in Michigan is a misdemeanor offense (according to MCL 257.904(3)(a)) that carries a maximum potential jail sentence of up to 93 days, and/or a... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

33,710 answers this week

3,754 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

33,710 answers this week

3,754 attorneys answering