QUESTION
Can I be charged for burglary and grand Larceny if there was no evidence?
Asked on May 28th, 2013 on Criminal Law - Colorado
More details to this question:
The only evidence they have was a hair on a shirt they found. The officer said it was the same color as mine and a video. In my motion of discover, they said you couldn't tell who was on the tape plus I have brown hair and the cop said the hair was black. The victim said it was me on the tape but I was home the whole day and have alibis saying I was home. Now I've got to go to court in a month and I don't understand why with no evidence.
6 ANSWERS
Michael J. Breczinski
The victim says it was you. That is their evidence. So you have to bring your alibi witnesses in for the trial.
Answered on Jun 04th, 2013 at 10:33 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Charges can be filed on the least amount of evidence, including the testimony of the victim and/or witnesses. Whether or not the charges can be proved beyond a reasonable doubt, is another story.
Answered on May 29th, 2013 at 9:27 PM
FYI the words of other people = evidence. Time to shop around for a lawyer pal.
Answered on May 29th, 2013 at 9:17 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If you are going to court, it is obvious that the prosecutor thinks that he/she has the evidence to convict you. There must be more to the story than what you are telling me. If not, and they can't prove their case "beyond a reasonable doubt" then you will be found not guilty.
Answered on May 29th, 2013 at 8:37 PM
They do have evidence. The witness statement and the hair. You will receive a preliminary hearing where the judge will decide if the evidence is enough to hold you for trial. You need to make sure you have an attorney representing you in this case. Do not talk with anyone about the case without your attorney.
Answered on May 29th, 2013 at 7:59 PM
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Be careful and make no statements to anyone except your attorney. You have not seen all of the evidence that the cops have against you. When the cops are doing an investigation, they will not tell you what they know, they CAN and DO lie to you, just to get you to make statements. Based on what you already know, it sounds like there may have been a witness that saw you in the area. A hair sample, to be considered evidence, myst be examined and compared to a known hair sample. It does not sound like that has happened in this case. Which means the cop is most likely just telling you this to get you to "talk." After all, the governments case is stronger no matter what you say- guilty or innocent, you have no idea what they have against you. In order to be arrested for the crime the cops only need probable cause. In order to be convicted of the crime, the government needs proof beyond a reasonable doubt. Once you have seen all of the evidence agains you, then you will be able to determine what is the best resolution for you. If the evidence is not a lot you may want to take the case to trail. Bottom line is that you should hire a local criminal defense attorney to defend you against the charges. The case was filed against you, you have a court date, it does you no good to wonder why they filed the case. At this point you now have to defend yourself. If you cannot afford an attorney you may qualify for the services of the public defenders office.
Answered on May 29th, 2013 at 7:48 PM