The prosecution bears the burden of proof in robbery cases. In other words, to convict a defendant of robbery under Virginia law, the prosecution must prove each element of the charged offense beyond a reasonable doubt. There is no exact definition for the beyond a reasonable doubt standard, but it is generally understood to mean that the evidence so strongly suggests the defendant is guilty that no reasonable person could come to any other conclusion. If the prosecution cannot meet its burden of proof, the defendant should be found not guilty.

No burden of proof is imposed on criminal defendants, however. This means that criminal defendants do not have to offer any evidence in their defense. Additionally, they cannot be compelled to testify. Many criminal attorneys offer defenses on behalf of their clients, however. In some instances, an attorney may point out the flaws in the prosecution’s arguments or note that they failed to establish one or more elements of the charged offense. If there were errors during the investigation process, the defense attorney may be able to argue that the defendant’s constitutional rights were violated. For example, if the defendant was questioned without being advised of the right to an attorney, it may violate their right against self-incrimination. If they were searched without a warrant, it might constitute an unreasonable search.