In today’s video we introduce Devens Hamlen, our other founding partner of H&H Law Center in Portland, Maine. Devens worked for years as a Public Defender, and case after case worked to make sure the defendants he represented got their best chance to successfully navigate the criminal justice system.
In this video, Devens explains the the legal difference between innocence and not guilty. It is an interesting distinction, and could have an influence one how you might want to proceed with your own defense.
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If you would prefer to read the transcript, we have included it below:
The difference between innocent and not guilty.
There is innocent and then there is not guilty. Innocent is, I wasn’t there. It wasn’t me, I was in Aruba when this happened. Or you have the wrong guy, it was Tom Jones, who looks like me but is not me.
Not guilty is the state hasn’t proved either that I knowingly did the crime or that a certain drug guy was possessed with the certain drugs they say it was.
Any one of the elements of a crime, if the state cannot prove each one of those elements- think of them as a recipe- if the state cannot prove their case beyond a reasonable doubt to each and every element-Each and every ingredient of the case- even one of those, then a jury would find you not guilty versus innocent.