Criminal Law

Contact Cavinder Law Office and criminal defense attorney Jason Cavinder now if you or a loved one is being investigated for or charged with a criminal or traffic offense. Or, if you simply have questions pertaining to the area of criminal law or traffic law, our office is ready to help. We can be reached by telephone at (937) 751-4949, or by email at Jason@CavinderLaw.com. Our consultations are free and confidential.

One is charged with a crime when he or she is accused of violating state or federal criminal laws. Between the interactions with the police and the Court, this can be an intimidating and scary experience. Moreover, it can potentially lead to serious deprivations of your freedoms. Know, however, that it is your right to place the burden solely on the prosecution to prove its allegations against you “beyond a reasonable doubt”. This is the highest burden in any American court of law, and a right that an experienced criminal attorney knows how to defend. Let Cavinder Law Office and attorney Jason Cavinder aggressively protect and defend your presumption of innocence and your constitutional rights in an ever increasingly daunting and challenging criminal system.

Defenses

As a Defendant in a criminal case, you have the right to present a defense to rebut the State’s allegations against you. Ironically, you also have the right to present no defense at all, as you have no burden to “prove your innocence”, as you enjoy a presumption of innocence; rather, it is the State that must prove its case of “guilt” beyond a reasonable doubt.

First, and most fundamentally, it is your right to a presumption of innocence and to have the government prove its case against you beyond a reasonable doubt. This is not necessarily a defense, but oftentimes, an experienced attorney may successfully point out that the State simply does not have enough evidence to meet its burden.

There are a multitude of defenses available and possibly available to you that are often times overlooked if you are the target of a criminal prosecution. If a defendant does intend to introduce a defense, however, the defendant will carry a burden of proving that defense by a “preponderance of the evidence,” a standard much lower than that of beyond reasonable doubt. A “defense” is usually a legally recognized excuse or justification as to why the Defendant did what he or she is accused of doing. Many common defenses include, but are not limited to:

• Arguing the presumption of innocence and that the State has insufficient evidence to prove guilt beyond a reasonable doubt
• Self-Defense
• Misidentification
• Defense of Others
• Alibi
• Insanity
• Entrapment

Contact Cavinder Law Office and defense attorney Jason Cavinder now if you or a loved one is being investigated for or charged with a criminal or traffic offense. Or, if you simply have questions pertaining to the area of criminal law or traffic law, our office is ready to help. We can be reached by telephone at (937) 751-4949, or by email at Jason@CavinderLaw.com. Our consultations are free and confidential.