Can You Be Charged Without Evidence?

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Is it possible to face criminal charges without any form of evidence suggesting that you committed a crime? The simple, straightforward answer to this question is a resounding no. Without evidence, you cannot be charged nor convicted of a crime. Although people often confuse these two terms and even use them interchangeably, there is a big difference between being charged with a crime vs. being convicted of crime. While evidence is required to make both a charge and a conviction, the amount of evidence needed in both instances differs. In this article, we’ll discuss just exactly how much evidence is required to charge and convict someone of a crime.

Criminal Charge vs. Conviction

A common misconception that arises in many criminal court cases is the difference between a charge and a conviction. Oftentimes, people confuse the two and use them interchangeably. Legally, however, these terms refer to two very distinct aspects of a criminal court case. A criminal charge is a formal accusation made by an authority from the local government alleging that you have committed a crime. A criminal conviction, on the other hand, refers to the outcome of a trial whereby a judge finds you guilty of the charges that have been pressed against you.

In terms of a sequence of events, first, a criminal charge is made and afterward a trial is held. At the conclusion of these trial proceedings, the judge may end the case with (1) a dismissal, (2) a verdict of not guilty, or (3) a verdict of guilty (otherwise known as a conviction). To make a charge, at least some form of evidence showing “probable cause” for the accusation being brought against you. Although a charge may have been filed against you, in the eyes of the law, you are innocent until proven guilty. Therefore, to make a conviction, a lot more evidence is required to prove the criminal charge “beyond a reasonable doubt.” The following sections will further help to explain what exactly is meant by these legal terms and processes.

What Constitutes Evidence?

In order to press criminal charges, there must be some form of evidence suggesting you committed a crime. Generally, a wide variety of things can be accepted as evidence in a court of law. Common forms of evidence include tangible items, eyewitness testimonies, self-incriminating confessions, chemical tests, and documented cases of electronic correspondence. Keep in mind that, although something may constitute as evidence against you, whether this evidence is admissible in court is an entirely different story. For instance, if you were in police custody at the time of making a self-incriminating statement, but you were not read your Miranda Rights, evidence of your confession would be inadmissible in a court of law.

The amount of evidence required to charge you with a crime differs greatly from the amount required to convict you said charge. Normally, the government requires a minimal amount of evidence to initially charge you of a crime so long as they can establish probable cause.

Establishing Probable Cause

In the State of Rhode Island, a criminal case typically starts after an arrest has been made and the police file a report. The state’s district attorney will then review evidence gathered by the police and determine whether or not they have established probable cause for filing charges against the defendant. Probable cause refers to a set of objective circumstances by which the arresting police officers must be able to explain what led them to suspect you for committing a crime. Even if you are innocent, an arrest is considered valid so long as the police officers are able to prove they had probable cause for the arrest. Because this legal concept is rather abstract, it is ultimately the decision of the court to decide whether or not there was probable cause for your arrest.

In conclusion, it is not possible for someone to be charged or convicted of a crime without evidence. Although evidence encompasses a wide variety of things such as documents and testimonies, not all evidence gathered is admissible in a court of law. It is ultimately the job of the State of Rhode Island to prove that they had (1) probable cause for charging you with a crime and (2) have evidence beyond a reasonable doubt that you committed a crime. Dealing with a charge on your criminal record can negatively impact your life in many ways. If you or a loved one has been charged or convicted of a crime, reach out to an experienced attorney like Criminal Defense Lawyer Brett Beaubien to learn more the best course of action you can take regarding your case.

Anchor Text: Criminal Defense Lawyer Brett Beaubien

Link: https://www.bvbdefense.com/

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Founded in 1994 by the late Pamela Hulse Andrews, Cascade Business News (CBN) became Central Oregon’s premier business publication. CascadeBusNews.com • CBN@CascadeBusNews.com

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