QUESTION
Can I be arrested for theft without any evidence?
Asked on Apr 21st, 2014 on Criminal Law - Michigan
More details to this question:
My father was staying at his friend's sister's house while she was out of town about a month ago. I stayed with him for a couple of days with my one year old. She had gotten into some autographed magazines and I put them up so she couldn't rip them. Anyways, they can't find them now and they're saying there are other things missing as well. I did NOT take them but is it possible for them to press charges on me because of what they think?
7 ANSWERS
Criminal Defense Attorney serving Visalia, CA
at
The Law Office of Gregory Hagopian
Update Your Profile
2 things. 1. Only a prosecutor can file criminal charges against someone. The police will take a report, and that report will be sent to a prosecutor who will decide whether to file charges. 2. There is no minimum of evidence that a prosecutor needs to file charges, but most prosecutors (most not all) are not stupid. They won't file charges unless they think they can convince a jury beyond a reasonable doubt of the truth of the charges.
Answered on Apr 23rd, 2014 at 6:13 AM
It is possible for charges to be pressed against you, however this is simply an accusation. The standard for this to occur is probable cause, i.e, a low standard of the possibility that you may have committed this crime. In order to be convicted or found guilty, the standard is much higher: beyond a reasonable doubt. So, you can be arrested but it does not mean that you are guilty.
Answered on Apr 23rd, 2014 at 6:13 AM
Based on your explanation, no.
Answered on Apr 23rd, 2014 at 6:12 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
It is certainly possible for them to take their allegations to the authorities who will determine whether or not to go forward with a prosecution.
Answered on Apr 22nd, 2014 at 2:42 PM
Michael J. Breczinski
They can try but THEY have to prove, beyond a reasonable doubt that you took them.
Answered on Apr 22nd, 2014 at 2:25 PM
Criminal Law Attorney serving Melrose Park, IL
at
The Law Offices of Carlos H. Davalos
Update Your Profile
All the cops need is probable cause.
Answered on Apr 22nd, 2014 at 2:21 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
Prosecutors can and sometimes will press charges for larceny in a building based on nothing more than the complaining witness's word. However, just because you have been charged doesn't mean you can be convicted. Anyone can be charged with anything. It is one thing to be charged it is another matter entirely to have your guilt proven beyond a reasonable doubt. Be proactive and get an attorney involved now. They may be able to dissuade the police are prosecutor from filing charges.
Answered on Apr 22nd, 2014 at 2:20 PM