The Prosecution

Burden of Proof for DUI Conviction in Mississippi

Innocent, Until Proven Guilty

In a court of law you are innocent until proven guilty, and the judge will work very hard to ensure your trial is fair. One way a judge does this is by allowing each side, the prosecution, and the defense, to question potential jurors before they are selected for jury service.

By questioning potential jurors, each side will be able to make their own determination as to whether a particular individual may or may not be sympathetic to the case to be presented.

For example, if you are the defendant in a DUI case, The Big Man, Jackson Mississippi DUI defense attorney Joey Franks will work to dismiss a potential juror who had been injured by a drunk driver in the past, for that potential juror might carry some bias into the courtroom.

And on the other side of the coin, the prosecution would probably excuse potential jurors who have had DUI convictions or DUI charges in their past, for fear that the individual might be too empathetic to someone on trial for the same.

The Prosecution has to Prove It

Prove it or lose it—the case that is. In a court of law, the burden of proof is upon the prosecution, because when a person’s freedom is on the line, our laws are carefully designed to do their best when it comes to protecting us all from being erroneously convicted. Let’s consider what the prosecution must prove in order to convict you.

 The Prosecution Must Prove:

  • You were in fact operating the vehicle or in control of the vehicle.
  • You were under the influence of alcohol or any other substance while you were operating your vehicle or in control of your vehicle.

Defending Your Rights

Every case is different, which means there could be many unique defense options that the Big Man, Jackson Mississippi DUI Defense Attorney Joe Franks can use to win your case.