QUESTION
Can a person be convicted of a crime that has no evidence to support a crime was even committed?
Asked on Mar 15th, 2013 on Criminal Law - California
More details to this question:
That’s my problem. I am being charged with aggregated assault because someone said that I ran him over in my minivan yet when the police arrived this person had no evidence of being run over yet in his statement he claims I ran him over at full speed. This person didn't have a spec of dirt on Jim let alone injuries to support his 3 sentence affidavit that ends by him saying I (meaning him) killed the cops. The police arrested me 5 mins after he called them at a local restaurant with my. Brother in law that was actually the driver of the van. The cops impounded my van ran forensics found nothing but beer that he threw at me and hit me in the face with while I was talking to him. No a dent scratch nothing that can be shown to support that the van hit anything?
6 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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There needs to be evidence to support the crime. If the police arrested you, they must have something.
Answered on Mar 18th, 2013 at 8:52 PM
Michael J. Breczinski
His word is enough if it convinces a jury beyond a reasonable doubt that you did it. Get a lawyer.
Answered on Mar 18th, 2013 at 8:46 PM
John J. Carney
Retain a good criminal lawyer to investigate the case and advise you on how to proceed.
Answered on Mar 17th, 2013 at 9:14 PM
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Randy M. Lish, Attorney at Law
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The victim's testimony is evidence. You may think it is not true, but that is for a judge or jury to decide. If they believe the victim, then you can be found guilty. The case is not without evidence, just evidence with which you disagree.
Answered on Mar 17th, 2013 at 8:28 PM
Did the statement of the person note that he was struck, or that someone tried to run him down? You note the charge is agg. assault rather than an form of charge alleging an actual physical contact took place. If it is strictly an assault charge, if he is believed, the complaining witness may be adequate to support the charge. You should retain counsel to help you fully explore any and all available defenses.
Answered on Mar 17th, 2013 at 8:23 PM
Yes you can, because you're forgetting the #1 piece of evidence that supports 99% of all criminal convictions: witness statements. Time to hire a lawyer pal.
Answered on Mar 17th, 2013 at 8:17 PM