I think one thing people are missing is that politics play a lot bigger role in law enforcement than they realize. The prosecutor and judge have a lot of discretion as to how they want to proceed in a criminal matter and if its politically expedient to charge the shit out of someone they'll do it no matter whats in the law books. And so the burden of proof falls on the inocent to prove there innocence. Which as anyone knows who has been involved in the process that it costs lots of money.
Thats one of my big problems with the law as it now sets is that the burden of proof is not up to the defense not the prosecution.