Overheard – You're Innocent Until Proven Guilty
Lawyers are in court a lot. We get to hear many funny and odd comments. Here’s one of my latest ones from the Fredericksburg General District Court: “You’re innocent until proven guilty.”
The funny thing is that someone said this in civil court.
A debtor had shown up for court and was found guilty because she admitted that she owed the debt. Then I overheard someone else tell her: “but you’re innocent until proven guilty!”
That’s a true statement, but it’s a bit off. In the American legal system, criminal defendants are innocent until proven guilty. A similar concept applies in civil cases: the plaintiff must prove his case against the defendant. But civil defendants are not found “guilty” or “innocent.” The plaintiff either wins a judgment or not. That’s it.
The other important point is that this particular defendant admitted the debt. If you are sued and you admit that the plaintiff’s case is correct, the case is over. Done. Judgment is entered against you.
The moral of this story is this: if you don’t owe a debt, don’t admit it. If you’re in doubt about whether or not you have a defense, talk to a lawyer.
