Can someone be charged with a crime without evidence? 12 Answers as of March 04, 2013

Can I still be charged with home invasion when there is absolutely no evidence? Will I be able to have a bond hearing?

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
The defendant sometime feels that there is "no evidence" but there is always at least some type of probable cause for arrest, whether from a witness or other evidence. The evidence may not be sufficient to get a conviction, but it may be sufficient to survive a motion to dismiss on facial insufficiency.
Answer Applies to: New York
Replied: 3/4/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Some people mistake that there is no evidence if there is only a witness. A person's testimony is evidence.
Answer Applies to: Michigan
Replied: 3/1/2013
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
There is evidence. Witness testimony is evidence.
Answer Applies to: Texas
Replied: 2/25/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
If there is no evidence whatsoever of your participation in a crime, you will not be charged with it. Police just do not arrest people for the fun of it. They have to have probable cause. In every felony case, there is a bond hearing, and in misdemeanor cases, bonds are either set by Rule of Court, or with a bond hearing.
Answer Applies to: Illinois
Replied: 2/25/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Trust me, there IS evidence, and most likely the evidence came directly from your own mouth.
Answer Applies to: California
Replied: 2/25/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you are charged with a felony, you have to be arraigned within three court days of your arrest. After that, you can have a pre-trial within ten court days of your arraignment. If there is not enough evidence against you, at your pre-trial the judge will dismiss the case and you will be released. You may request a continuance and waive the statutory time if it is better for you.
    Answer Applies to: California
    Replied: 2/25/2013
    The Law Office of Carlos H. Davalos
    The Law Office of Carlos H. Davalos | Carlos H. Davalos
    If you are being charged, they have evidence. Contact an attorney.
    Answer Applies to: Illinois
    Replied: 2/25/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, you can be charged, the question is can you be convicted, see an attorney NOW!
    Answer Applies to: Michigan
    Replied: 2/25/2013
    Patrick Earl Attorney
    Patrick Earl Attorney | Patrick Owen Earl
    Your idea of no evidence my be different than the investigating police agency or the prosecutors office that charges the person with a crime. The only way to determine if there is evidence sufficient enough for a criminal offense is to have a motion hearing or trial and see what the outcome is.
    Answer Applies to: Washington
    Replied: 2/25/2013
    Henry Lebensbaum | Henry Lebensbaum
    There must have been some evidence?
    Answer Applies to: Massachusetts
    Replied: 2/25/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    There is some evidence. Otherwise you would not have been arrested. It may be a co-defendant telling police it was you. It may be you pawning items taken in the home invasion. You may not even like the evidence. BUT there is evidence. That is why the police are looking at you rather than Denzel Washington or Wesley Snipes.
    Answer Applies to: Georgia
    Replied: 2/25/2013
    Law Office of James Gandy
    Law Office of James Gandy | James Gandy
    Remember that evidence includes testimony - what people say. If someone says that you were there, that is evidence. The police may lack physical evidence or documentary evidence but, a person can be convicted based upon testimony alone.
    Answer Applies to: California
    Replied: 2/25/2013
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