Does the state have to prove which of the 2 adults that own and reside at the house accessed the computer and committed crime, or can they charge both 6 Answers as of December 12, 2013

Cases as follows, a Criminal act was committed over the Internet at a specific date and time (multiple incidents, just have the IP evidence for one at this time).

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Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
Yes, the state does have to prove who did the act. Best to keep your mouth shut and get a lawyer.
Answer Applies to: Nebraska
Replied: 12/12/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
State can charge both and let the jury sort it out, IF both have the balls to go to trial.
Answer Applies to: Georgia
Replied: 12/12/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
The State will have a hard time proving which did the act. They have to prove someone is guilty. To do otherwise would violate the presumption of innocence. They do try this but to convict it is their burden to prove who used the computer to commit the crimes.
Answer Applies to: Michigan
Replied: 12/11/2013
Tricia Dwyer, Esq. & Associates PLLC
Tricia Dwyer, Esq. & Associates PLLC | Tricia Dwyer, Esq.
The state has the burden of proof beyond a reasonable doubt as to criminal charges. You should confer with your attorney as she/he should know your case issues and details as well as anyone.
Answer Applies to: Minnesota
Replied: 12/11/2013
Connell-Savela | Jason Savela
Well, it depends. (right, lawyer talk) both people of the house should get their own lawyer - meaning that they should not talk to each other and they should only say I want a lawyer to police - both should refuse to consent to any searches It may be difficult to prove who did what. It is possible that both could be charged, but both have the defense that the other did it. Anything that each one does to destroy that defense hurts the other. Google - the prisoners dilemma. It is a nice discussion of the general situation. Another way to put it is you either hang together or hang separately. It is unlikely that both are guilty, but the police and DA will do what they can to make one or both talk and blame the other. Then both could be found guilty.
Answer Applies to: Colorado
Replied: 12/11/2013
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