The most basic principle of the criminal justice system in Illinois is the presumption of innocence. Whether you are charged with a DUI, sexual assault, or murder, state law provides that “[e]very person is presumed innocent until proved guilty.” In any criminal trial, the burden is therefore on the prosecution to establish the defendant's guilt beyond a “reasonable doubt.”

Can You Be Punished for “Taking the Fifth”?

It is important to understand how the burden of proof works in a criminal trial. If you are accused of a crime, you are not obligated to present any evidence in your defense. Of course, it may benefit you to do so, depending on the circumstances of the case. But at no point can a judge or jury demand that you “prove” you did not commit a crime. Aside from the fact it is difficult to prove a negative, it violates the plain language of Illinois law, which presumes the defendant's innocence.