QUESTION
If there is no evidence can someone is charged convicted of a crime?
Asked on Feb 15th, 2017 on Criminal Law - California
More details to this question:
My ex-husband is being charged for a crime that he did not commit and he was not involved. It’s a he said she said situation. The arresting officer pointed him out as the driver at the preliminary hearing. But at the time of the crime we were living out of state. The court issued out a warrant out for him just because the person that was really involved in this crime threw his name out there. Well actually his nickname.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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This is a question you should be asking your husband's attorney. However, eyewitness testimony or any type of testimony is evidence. There does not have to be any physical evidence to charge and convict someone of a crime. Testimonial evidence can be attacked and the credibility of the witness will be an issue. You and/or your ex-husband should be discussing this with his attorney since his attorney knows more about his case than anyone on this forum.
Answered on May 01st, 2017 at 6:41 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Yes, it is possible. Your husband needs a good defense lawyer to build a case that it was not him driving the car.
Answered on Apr 28th, 2017 at 9:23 AM