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The defense of General Denial is as simple as it sounds; deny the charges and hold the State to their burden of proof. In essence it could be re-named the “prove it” defense. This defense requires no special filings or notice by a defendant and is available on every single charge and case filed against a person. Everyone charged with a crime has the absolute right to require the State to prove the accusations beyond a reasonable doubt. If the State is unable to do so, the verdict must be Not Guilty.
The majority of all trials associated with criminal accusations invoke the General Denial Defense. During this defense it is the defense lawyer’s job to point out inconsistencies in the evidence; elements where the State’s evidence is lacking: what evidence the State did not or could not produce; and from time to time, present evidence on behalf of the defendant that contradicts or minimizes the evidence presented by the State. The “prove it defense” is a tried and true defense to all charges and has been around since the American judicial system has been in existence. It is the classic example of our constitutional protections at work.
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Gourley, Rehkemper & Lindholm, PLC
440 Fairway Drive, Suite 210
West Des Moines, IA 50266
Des Moines, Iowa: 515-226-0500
Nationwide Toll Free: 1-877-475-5297
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Mason City, Iowa 50401