what do they have to have to charge you
2006-10-29 08:17:25 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
In order to charge, one must have probable cause to believe that a crime took place and that the person charged committed the crime.
In order to convict, the prosecution must demonstrate beyond a reasonable doubt that the defendant committed the crime.
2006-10-29 08:19:57 · answer #1 · answered by Anonymous · 5⤊ 0⤋
Advise from experience do not get a cheap attorney .
What fr chuck says about " often it does not take much evidence for a jury to think somene is guilty" is right on the nail.
"Beyond a reasonable doubt " do not count on that one either.During my trial the jury asked the Judge a very important question.He refused to answer. He advised the jury" you have everything you need". I f the prosecution had provided the proof ,the jury would not have asked the crucial question.
Being Mexican-American I am sure did not help either.The conviction was a misdemeanor.
I sometimes get bitter but I will have to admit it, it did changed my life.
Iam now a retired police officer in Texas. Yea, you heard it right.
I completely retired after i turned 53.
In case you missed my point.I was convicted but I was not guilty.
2006-10-29 09:28:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Actually to be charged, they only have to prove it is likely you did it. After you are charged they still look for additional evidence prior to the trial where they have to prove you did it.
( and remember often it does not take all that much evidence for a jury to beleive someoen did something)
Each state has various rules for charging someone,
A grand jury can review the evience and charge someone
( they require very little evidence,)
A police officer on the scene can arrest someone and hold them for an intial hearing
And in some states a citizen can appear in court and submit evidence to ask for a charge to be made
2006-10-29 08:23:32 · answer #3 · answered by Anonymous · 0⤊ 1⤋
They can arrsest and charge you based on enough probable cause to believe that you commited a crime.
Then they have to produce the evidence to get a conviction.
Chances are that if somebody has been arrested, they already have the evidence they need to present a case.
However not everyone is convicted, so if you are innocent, you will have an opportunity to prove it.
2006-10-29 08:27:34 · answer #4 · answered by B Low 2 · 0⤊ 1⤋
They should have enough proof in order to charge you; or everything can basically go out the window. Look at Scott Peterson; there wasn't ALOT of physical evidence but look where he is now. People may think they can get away with something, but it's only a matter of time before you're found out. EVERY criminal leaves something behind.
2006-10-29 08:24:47 · answer #5 · answered by Nancy D 7 · 0⤊ 1⤋
If they have charged you and you have been arressted then they already have some proof that you have done the crime.
2006-10-29 08:19:40 · answer #6 · answered by deb b 3 · 1⤊ 1⤋
In Canada - the accuser has the obligation of proof - not the accused.
2006-10-29 08:24:53 · answer #7 · answered by Starlight 5 · 0⤊ 0⤋
i dont know
2006-10-29 08:19:10 · answer #8 · answered by lildrupy_619 1 · 0⤊ 3⤋
PC
2006-10-29 08:26:24 · answer #9 · answered by Anonymous · 0⤊ 1⤋