Guilty Until Proven Innocent


Hermione and Fleur were beside themselves with worry. Last they'd heard, the Order was gearing up for battle. That was more than a day ago. Hermione felt like she'd been holding her breath for 48 straight hours.

In fact, she didn't notice how tense her muscles were until she heard the loud 'pop' of Apparition outside Shell Cottage. Another 'pop' sounded directly afterwards, and her shoulders slumped as her eyes darted to Fleur. Was it Bill? Was it Harry or Ron? Did they have good news or bad?

Fleur helped her into the living room before going to the door to greet whoever had Apparated into her front yard. It had to be an Order member. No one else had the permission to do so. "Harry! Ron!" she shouted, and Hermione's heart began to level out. Her breathing slowed and she let herself relax, slightly. If Harry was alive, that could only mean one thing. Voldemort was gone.

Fleur ushered the boys into the house and Hermione noticed they looked worse for wear, but relatively unharmed. "What happened?" she asked, noting that Ron looked like he'd been balling his eyes out for a few hours.

"We won," Harry said, though he didn't sound as enthusiastic as his words would imply.

"And everyone's safe?" Hermione asked, her throat catching. If they were there to tell her Draco was dead, she'd lose it. She knew it.

"D-Dad's gone. And Hagrid," Ron said, his voice cracking, but he didn't cry. He was all cried out. His father died doing what he believed in. That much he could take comfort in.

"Oh, Merlin," Hermione cried, tears slipping from her eyes.

"Bill...is he?" Fleur asked, holding onto Hermione's hand for comfort, tears for her father-in-law fresh in her eyes.

"He's fine," Harry answered quickly. "He's getting the prisoners set up in Azkaban. Kingsley has taken temporary control of the Ministry as the last Minister was killed by McGonagall in battle," Harry said.

Fleur breathed a heavy sigh of relief. But Hermione still needed to know one more thing before she could relax.

"What about Draco?" She asked, looking at Harry only. "Wh-Where is he?" She couldn't let herself believe he was dead. Not until he said it.

"He's safe," Harry answered quickly. Biting his lip. Hermione knew that look. Whatever was about to come out of Harry's mouth, she wasn't going to like it. Ron shifted next to Harry uncomfortably, still wondering what the deal was with Malfoy.

"He and Snape were taken in by Moody. They are being booked into holding cells in the Ministry awaiting Azkaban," Harry finally said, letting his own guilt show through in his eyes. He knew she should have insured that Draco and Snape were okay, but there had been too much going on around him.

"B-But..." Hermione started, flabbergasted. That has been the last thing she'd thought of. She assumed that by the end of the war, Draco's loyalties would be apparent, or at least Harry would have stepped in. "How...why? Didn't he..." She couldn't get a full question out; her mind was racing at the thought of Draco receiving The Kiss. Her heart lurched in her chest.

"I already contacted Kingsley. He and Snape are safe, for now. There is no plan to give them the Kiss, but they will have to undergo trial like the rest of them. Moody and McGonagall wouldn't back down on that one," Harry explained.

"I hate to interrupt this very confusing conversation," Ron finally said, as he watched Hermione start to hyperventilate. Fleur was trying to calm her down, but not doing a great deal of good. "But, why the hell do we care about Malfoy and Snape?"

Harry sighed. "Draco and Snape have been on our side all along," he explained.

"What are you on about? Snape killed Dumbledore! Draco watched Hermione get tortured," Ron said. Sure, Draco had also saved his life, but things still weren't adding up.

"It's a very long story, Ron," Hermione said. "You probably ought to sit down."

Ron reluctantly did so, and Harry sat next to him. Fleur just listened, placing a calming hand on Hermione's. From there, Harry and Hermione took turns explaining everything to Ron from the Horcrux that poisoned Dumbledore, to the plan to 'kill' him, to Snape and Draco going into hiding with the Dark Lord, and Draco protecting Hermione from his Aunt's Crucio.

"He saved my life," Ron said, more to himself than anyone else.

"What?" Hermione asked.

"Bellatrix Lestrange cast a Killing Curse at me, and he blocked it," Ron said. "I just thought he was delusional, or having some sort of paternal instinct."

Hermione didn't know whether to be proud of Draco for being so heroic, or pissed the he'd taken such a risk with his own life. "We have to get him out of there. Him and Snape," she said looking between Ron and Harry. "They don't deserve to be there."

"You're right, but what can we do?" Harry said.

"Never underestimate the power of a pissed off pregnant woman," Hermione said, standing up. "Bed rest is officially over." She looked at Fleur with a stern eye.

"Fine," Fleur said, knowing she'd lose this battle. "But you return straight here," then she looked at Ron and Harry. "If there is so much as the smallest problem, bring her back here, kicking and screaming if you have to."

Harry and Ron looked at each other warily for a moment. "Fine, let's go," Harry finally said, but Ron stopped him.

"I just want you both to know I'm pissed that you lied to me for over a year." Hermione and Harry both nodded guiltily. He had every right to be mad, and they had expected it. "But, as I know that I would have handled it poorly, I guess I understand why you did it."

"Who are you and what have you done with Ron?" Harry asked, a bemused expression on his face.

"Don't question it, Harry," Hermione instructed. She knew what was happening. Ron had grown up. "Let's go."

"Ugh," Ron said, as something dawned on him. "Now I owe that git a life debt." Hermione just giggled at her friend and rolled her eyes.

Ron and Harry both helped Hermione to her feet and the three of them said 'goodbye' to Fleur before moving to the Floo, and heading directly to the Ministry of Magic.


Draco's palms itched with desire to bust out of his bindings and find Hermione. The war was over; they were victorious, now it was time to be with Hermione and his son. Unfortunately, his covert fighting had been a little too covert. The only people he could be sure saw him fight for the right side were Weasley and his mother, and he couldn't be sure they'd put their necks on the line for him.

It appeared it would all come down to Potter. Where the hell was he anyway? He banged his head against the wall behind him. He was seated at an interrogation table but no one had bothered to interrogate him. His mother's wand had been confiscated from him, not that using magic right now would help his argument.

He wanted to get out of there. More than anything. But he had to play his cards right. He couldn't give them ammunition to suspect him or he'd be carted off to Azkaban without a second thought.

He wondered where Snape was. He hoped his Godfather wasn't getting it worse. He was the one to kill Dumbledore, after all. He was sure the Order would be out for blood about that one.

His thoughts couldn't focus on Snape for long because he was pulled from his contemplative state by a ruckus outside his room. A woman was arguing with the man guarding his door. He'd know that condescending, lecturing, swotty voice anywhere. Hermione. He smiled.


"Kingsley Shacklebolt," Hermione said, her voice steeled for battle. "I respect you a great deal, but if you do not let Draco out of here, I will be forced to become violent with you," Hermione ranted.

"Hermione, please understand, it's not my choice," Kingsley tried to explain. "The Order wants a trial. I can't change their minds."

"Then let me see him," Hermione demanded. This wasn't over by a long shot, but she wasn't getting anywhere with this line of argument.

"That isn't possible," Kingsley said calmly.

"I'm not asking," Hermione said.

"Kingsley, please," Harry interceded. "She's pregnant. Do you really want to fight with her? He can't hurt her without a wand," Harry reasoned.

"Fine," Kingsley sighed. "But if something goes wrong, it's on your head. I can't deal with anymore backlash."

"Nothing will go wrong, now get out of my way," Hermione huffed, waddling down the hall, the three men trailing behind her.

"Step aside, I'm going in," she said to the guard at the door Draco was in.

"I'm sorry, but you don't have jurisdiction here," the man said, not even bothering to look at her.

"Move, or I'll hex you into next week," Hermione growled.

"Excuse me," The guard said, finally looking down at the woman ordering him around. His eyes doubled when he saw who it was.

"Yes, Hermione Granger, here to see Draco Malfoy, now move the fuck out of the way before I move you myself," Hermione snapped.

Kingsley, Harry, and Ron just looked at her in amazement. They'd never seen Hermione like this before. Kingsley had to admit, even if he didn't believe Harry, which he did, this display would convince him that Draco was on their side. Hermione was absolutely lethal in her protection of him.

The guard fumbled with his wand for a second before the door clicked open and Hermione stepped inside without so much as a backward glance at the men behind her. Her eyes moved up and locked with Draco's steel grey ones.

"Draco..." she breathed, tears stinging her eyes as she made her way closer to him, standing on the opposite side of the table where he was seated.

"Hermione, are you really here?" Draco asked, his eyes full of wonder, raking over her engorged frame.

"Yes," Hermione said, a quiver in her voice. "I'm sorry they brought you in. I tried to make Kingsley let you go..."

"I don't care about any of that," Draco said, his intense gaze coming back to her face. "You're here."

"Yes," Hermione said, rounding the table and moving before him until she was precariously seated on his lap, her legs on either side of him. "I'm not going anywhere."

"I've waited for this for so long," Draco admitted, moving his face closer to hers. "Kiss me, please." Hermione did as he bade and, taking his face between her hands, pulled him to her, capturing his lips in hers. She moaned against him as his tongue darted out to greet hers and she felt at home and complete for the first time in seven months.

"Oh!" Hermione cried, breaking the kiss. "He's kicking," she said, her voice excited. She wanted him to feel their son moving within her, the way she had almost every day. His hands were tied behind his back though.

"I'm going to untie your hands but I'll have to tie you back up when I leave," Hermione said.

"It's okay," Draco gasped, dying to touch her more. Hermione used his wand to remove the ropes binding his arms behind his back and they immediately went around her, pulling her against him as much as he could with the baby bump between them.

Hermione continued to let him kiss her, not caring if she ever breathed again. She took one of his hands in hers and moved it under her jumper and over the smooth skin of her stomach. "Feel that?" she asked, against his lips.

Draco's breath caught as he broke the kiss, feeling the tiny foot kicking under his fingers. "Merlin, that's amazing."

"I know it's a lot to deal with, and I've had seven months to get used to it while you've only had a few weeks, but I'm so happy, Draco. He's ours," Hermione gushed. She didn't even think about the long road they might have ahead of them or the fact that he was slated to be carted off to Azkaban. Everything in her wanted to revel in this moment.

"He is, and he will be the most loved and spoiled kid on the planet if I have anything to say about it," Draco said.

Hermione's grin widened. "I love you so much."

"I love you too, Hermione," Draco said. "And I know this is not the most romantic setting and I don't have a ring or anything, but I promised myself I'd ask you this the next time I saw you. Will you be with me forever?"

"You don't even have to ask," Hermione whispered. "I've been yours this whole time."

Draco kissed her again, pulling her close. "You better go. I don't know how long they will let you stay."

"I'll be back tomorrow, and every day until this is fixed," Hermione said.

"Just take care of our son," Draco said, kissing her nose as she refastened his bindings.

"See you tomorrow." With one last look, Hermione exited the room, falling into sobs in Ron's arms when she was out of sight. She couldn't live without Draco. They had to get him out of there.


Harry pulled his weight and got Draco's trial set for a week later. That week had been a hectic one. The funerals for the fallen had been non-stop, ending with Arthur's. The Weasley's had been a wreck and Hermione couldn't help but sob into Harry's shoulder as they lowered him into his tomb in the Weasley family crypt.

Hermione's emotions were running high. Arthur had been like a father to her, especially after she'd lost her own parents. As they hadn't had a proper funeral, she was thinking about them as well. More than that, she was terrified about how Draco's trial would turn out. Most of the Order was still a little skeptical about his true allegiances, assuming that Harry, Hermione, and Dumbledore had been duped just like they had been with Snape (whose trial was set for a week after Draco's).

The Wizengamot had been rebuilt mostly of its original members with the addition of a few new Order members, and Kingsley had been appointed Minster for the foreseeable future. Draco and Snape's fate was in their hands. Hermione had her case well prepared, but she just hoped the witches and wizards of the court would listen with an open mind.

When the Wizengamot shuffled in and took their seats, she noticed that Moody had taken it upon himself to play 'prosecutor' while she was 'defense attorney'. It struck her as amusing that neither of them had legal experience, but it seem that mattered little in these Death Eater trials. Most were assumed guilty and many wondered at the need for trails at all, but Kingsley insisted that 'we would not sink to their level', and offered everyone a fair trial.

Hermione squeezed Draco's hand and whispered to him that it would all be okay before standing to make her opening statement. "Witches and Wizards of the Wizengamot, we are here today to discuss the innocence or guilt of Draco Malfoy. You will be told that he was a Death Eater. This is true. You will also be informed of the crimes he committed and witnessed as a Death Eater. Mister Moody has taken great pains to point out that all Death Eaters are scum and deserve no mercy. But what I'll uncover for you today, is a story so fantastic you won't want to believe it. But I assure you, every word of it is true. Because Draco Malfoy was a Death Eater. Still is, by most standards." The audience gasped at her revelation. "But, more than that, he was a spy for the Order, and as his personal handler, I can assure you that he was not on the side of Voldemort."

Silence followed her speech and she sat allowing Moody to call his first witness. Instead of calling a witness, Moody spent almost a half and hour enumerating Death Eater offenses, some of which Draco wasn't even alive for. Hermione sat there patiently, trying to keep her calm as the older man disparaged her fiance and made him sound one notch better than the Dark Lord himself.

When he finally finished, Hermione cleared her voice. "Now that your diatribe is over, I'd like to call my first witness. Harry Potter." The audience and Wizengamot were both whispering to each other as Harry made his way to the stand. He was given the sip of Veritaserum required of all witnesses before sitting comfortably in his chair.

"Harry, what was your understanding of Mister Malfoy's mission within the Order?" Hermione asked.

"He was to spy on Voldemort. In addition, it was his job to make sure that he finished the task given to him as a Death Eater," Harry answered.

"What was that mission?" Hermione knew Harry could answer all the questions she would have asked herself, should she be called to the witness stand.

"He was to let the Death Eaters into the school, and kill Dumbledore," Harry answered.

"Did you know about this before hand?" Hermione asked.

"Yes," Harry said. Another rumbling of whispers erupted.

"Did Dumbledore?" Hermione asked.

"Yes. It was Dumbledore's idea to have Snape kill him instead. He was dying," Harry choked, "and in order to keep both of them undercover, and stop his own pain, he sacrificed himself that night on the Astronomy tower."

"Thank you, Harry," Hermione smiled, sympathetically at her friend. "One last question," she said, clearing her throat. "Would you trust Draco Malfoy with your life?"

"Without question," Harry said seriously. He was dismissed and Hermione smiled to herself. She'd gotten the reaction she'd wanted from the court.

"My next witness," she said in a clear voice. "Ronald Weasley."

Ron smiled at her as he took his sip of Veritaserum and sat down.

"Ron," Hermione started, "Were you aware of Draco's loyalty to the Order from the beginning?"

"No," Ron said. "In fact, I thought he was an evil git right up until about a week ago," Ron said. Hermione smiled at him. Veritaserum seemed to make him quite colorfully truthful.

"What change your mind?" Hermione asked.

"Two things, actually," Ron answered. "First, he saved my life in battle, and secondly you and Harry told me what really happened with Dumbledore."

"About him saving your life, how did that happen?" Hermione asked.

"Well, you see, Bellatrix Lestrange was about to hit me with a Killing Curse when Draco stepped in front of it. I don't know how it didn't kill him, but he saved my life," Ron answered. More murmurs flowed across the room.

"Thank you Ron, that's all," Hermione smiled.

"One last witness," Hermione said. "Molly Weasley." She'd debated about calling the woman. She'd been through so much over the last week, but Molly informed her that she'd be more than willing to help Draco. After all, the boy saved her son's life.

When Molly was situated in her seat, Hermione gave her a kind smile. "I know it's been a very difficult week for you, so I will only ask you one question. Did you witness Mister Malfoy save the life of Ron?"

"Yes," Molly said with a nod. "He stepped in and saved my son from certain death, and then he turned around and took on more Death Eaters. I saw the whole thing." There was an audible gasp as Hermione released Molly as a witness and returned to her seat. She'd wanted to call Remus, as he knew about the whole plan from the beginning, but he was still recovering in St. Mungo's so she had to hope the Wizengamot would trust the memories he'd given Hermione as extra evidence.

"As you can see, there is plenty of verifiable proof that Draco was on the side of the Order from the beginning," Hermione said. "We leave it to the esteemed Wizengamot to make the right decision."

"Any questions?" Kingsley asked his fellow court members. It was customary for members to ask questions if they needed clarification.

"Excuse me," a squat toady woman stood up, her hand in the air. Hermione and Draco both sighed. How in the hell had Umbridge managed to survive both the war and the political backlash against her? She must have had some information that would keep her in power forever.

"Yes, Dolores," Kingsley sighed. He really hated that woman.

"Miss Granger, I see you are pregnant." Hermione bristled under her scrutiny. Draco tensed next to her, but she whispered to him to relax.

"Yes, though I can't see how that's any business of yours," Hermione said.

"I'm also given to understand that Mister Malfoy is the father of this illegitimate child," Umbridge continued. It wasn't exactly how she wanted everyone finding out, but there wasn't much she could do about it now. The entire courtroom erupted in chatter and Kingsley had to tell them to be quiet. Draco's blood was boiling as the use of 'illegitimate' to describe his son, but Hermione kept her cool.

"Yes," Hermione said. Her voice clipped.

"Well, I think it's a conflict of interest, you being the one defending this man when he's the father of your child, don't you?" The rest of the court seemed to consider her argument valid, and Hermione knew that she had to do something fast.

"As I've already shown you, Harry Potter, Ron Weasley, and Molly Weasley were the witnesses to his actions today, not me," Hermione answered.

"And why were you not present at the battle. If you are such a loyal servant of the Order as we are supposed to believe, why is it that you couldn't be bothered to fight for the cause," Umbridge asked, feeling as if she'd gained the upper hand.

"She's pregnant, as you so moronically pointed out the obvious, not five minutes ago," Draco snapped, but Hermione glared at him and told him to shut his mouth.

"I wanted to be there," Hermione started, but she was interrupted by Kingsley.

"You do not have to answer that, Miss Granger," He said. He turned to Umbridge and scowled. "Miss Granger's allegiance is not in question. She has been invaluable to the fight and we would all have failed without her. She did not fight because she was protecting her child, which is also an admirable act. You need not question her further, Dolores."

Umbridge bristled, but pasted a fake smiled on her face and sat down. "No further questions," she said.

"Fine, let us have the memories you've collected, Miss Granger," Kingsley said. "We shall return with the verdict as soon as it's reached." With that, the Wizengamot exited to the back chambers where they discussed the case and looked through the memories Hermione had gathered in Draco's defense.

"It will be okay," Hermione said, placing a hand over Draco's knee.

"Yes, well, I'd like to see that Umbridge bitch fall off a tall building," Draco scowled. He just wanted to get out of there and run away with Hermione forever. He was sick of the whole thing. He'd spent too much time doing what he didn't want to do, and he didn't want to think about what would happen if he lost this case. Would he ever see her again? What about his son?


Two hours passed before the Wizengamot returned. "In the case of Draco Malfoy, we find him guilty of taking the Dark Mark, for which he will be fined 100,000 galleons." Hermione held her breath and Draco's hand hoping this wasn't a bad sign of things to come.

"However, we find the testimony of his witnesses sound, and the memories cast as evidence prove his innocence in regard to crimes against humanity and the Order. He may be released," Kingsley read, and Hermione nearly fainted with relief.

Cameras flashed but Hermione couldn't be bothered to care as she threw herself into Draco's arms, kissing him on the cheek. He was still overwhelmed that he'd gotten off. The 100,000 galleons meant nothing to him. When his father was locked up in Azkaban for good, the Malfoy fortune would be his anyway. Besides, he owed far more than that for the two innocent lives he'd been forced to take.

"Let's get the hell out of here," Hermione said.

"And go where?" Draco asked.

"The Burrow," she said, tugging on his arm. Fleur had relocated there anyway because Bill didn't want to be away from his family.

"Really?" Draco asked, feeling nervous about the prospect.

"Don't worry," Hermione said. "They know you are innocent. Besides, we don't have anywhere else to go."

"Okay," Draco sighed. "It's a good thing I love you."


At first, relations between Draco and her extended family were tense. They trusted him, but it was awkward to be around him. Not to mention, the older Weasley boys were a little pissed at the boy for knocking up a girl they saw as a little sister.

In the end, a prank by Fred and George set things right with everyone, and Hermione was grateful for that. She hugged them tight, thanking them, knowing they'd done it to cut the tension in the first place.

Snape was cleared of all charges a week later, with a faster verdict than even Draco's. Harry had taken it as his personal mission to make sure everyone knew that Snape was innocent, and possibly the most heroic person in all of England, much to the displeasure of their former Potions Master.

He'd scampered off somewhere after the trial, scowling the whole way, likely looking for solitude after years as a spy surrounded by people. Hermione knew Draco was offended, but reminded him that he needed his space right now. When the time was right, they'd go bug him.

Draco agreed, but still missed his godfather. For months, his only link to the world was that man, and he had formed a bond with him that he couldn't explain. Hermione understood. It was the same bond she shared with Harry and always would.

As they lay in bed in Hermione's new room at Grimmauld Place, where she and Draco had decided to stay to get away from the crowded Burrow, Draco ran his fingers over the swollen, naked stomach of his fiancée. She giggled as their son kicked at his father's fingers. "That tickles," she laughed. At eight months pregnant, she was itching to have their little one out of there already. She felt like a blimp and doing almost everything was about 20 times harder than it used to be. Not that Draco ever let her lift a finger anyway. It seemed he was making up for seven months of absence.

Draco smiled up at her. "I could do this forever," he said.

"Me too." Hermione smile contentedly, but Draco's features turned serious.

"You know, my parents trials are in two weeks," He said absently.

"Yes," Hermione said. "Are you okay?"

"I hope they rot," Draco said.

"They are still your parents," Hermione reminded him.

"They are nothing to me, Hermione," Draco said seriously. "They'd just as soon see me dead after this anyway," he said, gesticulating between the two of them.

"Are you going to go to the trial?" Hermione asked.

"Yes, I'm a witness anyway," He said.

"I'll come with you." Hermione said.

"I really don't want you to," Draco said. "I don't want you to associate me with those people."

Hermione smiled and cupped his cheek. "I never could. I want to go to be with you."

"Fine," Draco sighed. "But for the record, I think it's a bad idea."

"Noted," Hermione smiled, kissing him. "I'm so glad I have you to myself again."

"Always," Draco said, kissing her back.