QUESTION

My husband has 4 charges of BURG 2UNOCC DWELLING UNARMED, if the court does not have proof against him do they have to drop the charges against him??

Asked on May 18th, 2016 on Criminal Law - Florida
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1 ANSWER

Criminal Law Attorney serving Bartow, FL
1 Award
If there is insufficient proof, then, if the jury does its duty, it should find your husband "not guilty" when he goes to trial.   If your husband was arrested (which is likely with the charges you mentioned), he would have gone to a First Appearance Hearing within 24-48 hours following his arrest.  At that time, the judge would have reviewed the initial police report (probable cause affidavit) to make sure there was probable cause (sufficient allegations).  That does not include any finding as to his guilt or innocence at that point.   It is likely that the state has some kind of proof, either direct or circumstantial, or it would not have brought formal charges against him.  If the state filed formal charges (referred to as an Information), that still is no indication of guilt or innocence.  Your husband has a right to go to trial to force the state to present whatever evidence it believes exists to prove his guilt.  Then it will be up to the jury -- unless the judge, after the state presents its evidence, finds there was insufficient evidence for any jury to find guilt beyond a reasonable doubt.  In that case the judge should enter a "judgment of acquittal" (meaning there is insufficient proof to find him guilty) and that would end the case.   
Answered on May 20th, 2016 at 6:11 AM

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