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Can you get charges pressed against you without a witness and evidence?
Wiki User
∙ 11y ago
No,
In order to press charges against an individual or entity you require "Corpus Delicti" (Latin for body of crime), which is a broad summary refers to the issue that in order to process charges a crime needs to have occurred.
This would seem simple in nature if you are staring at broken window, however in our society we follow an "innocent until proven guilty" approach meaning unless you can link the crime and the person/entity together, legally speaking no crime has taken place.
References:
http:/en.wikipedia.org/wiki/Corpus_delicti
Experience:
3 Year law
JG.
Wiki User
∙ 14y ago
Wiki User
∙ 15y agoThere are many "levels" of proof investigators will try to uncover for a case. Besides hard proof such as someone seeing you commit the crime, circumstantial evidence can play a part in proving someone (you?) have committed the offense. Circumstantial evidence is something that puts you at the scene of the crime. For instance, someone sees you leaving or your car driving away from the scene, they find your fingerprints where it happened, they find something of yours where it happened, you get cut and they find it to be your blood or your hair is there. They find something on you or your clothes putting you at the scene of the crime. Besides these, there are many more things investigators can do to find who committed the offense. People always find it hard to keep something they had done wrong to themselves and usually slip and eventually tell someone. Something to know is people can lie, but evidence these days is usually pretty easy to uncover and tells the truth. The best thong to do is, if you actually did commit the offense, to step up and tell the truth. They judge will usually be more lenient on you if you do. Good luck.
Wiki User
∙ 11y agoTheoretically you can. But without witnesses or evidence the case would be rather weak. In order to be arrested for a crime the government has to have enough evidence to show probable cause you that you commit such a crime, not necessarily evidence to show beyond a reasonable doubt, which is what is needed for a jury to convict.
Wiki User
∙ 7y agoOf course not you need to have good grounds - which are backed up by evidence - to sue somebody.
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What is the statute of limitations on murder in Texas without evidence?
There is no statute of limitations on murder in Texas. The lack of evidence would be the reason they haven't brought charges.
What is the difference between dismissed with prejudice and without prejudice?
It is an order issued by a judge actually dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself. There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITH prejudice means that the same charges cannot be re-instituted and brought before the court again,. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.
Can a person be held in jail without evidence against him or her?
All citizens are protected from unlawful detention by habeas corpus. Habeas corpus states that if there is no evidence against a person that officers can not arrest them.
Can your father press charges against your 18-year-old boyfriend if you are 16 and pregnant with his baby?
YES! THE PARENT CAN FILE CHARGES AGAINST THE 18 YEAR OLD.IN FACT THE STATE CAN PICK UP THE CHARGES WITHOUT YOUR PARENTS CONSENT WHICH WOULD BE CORRUPION OF A MINOR. IT COULD BE RAPE CHARGES AGAINST THE 18 YEAR OLD!
Is changing charges without notifying defendant lawful?
It is against the law to do so (at least Canada and the US). Any major change (new charges, new evidence, etc.) needs to be brought forward to both sides. This is to allow the defendant and the plaintiff to have an equal opportunity at pleading their case. Failure to follow that rule, will result in the dismissal of whatever has been added to the case(new charges, new evidence, etc.) and may even result in a mistrial.
What does it mean dismissed as without merit?
It usually means that the charges that were made, or the charge that was brought, is not substantiated/supported by the evidence presented.
You were charged with battery and the case was dismissed and now it is being reopened is that possible?
It depends on how it was dismissed Dismissed without predjudice means that the charges can be re-filed. Usually this is used when the Judge thinks there is lack of evidence for a conviction. If more evidence is found later, the charges can be re-filed. Dismissed with predjudice means that charges can not be refiled.
What charges were brought against King George III by the Continental Congress?
The Continental Congress brought nearly 30 charges against King George III. These included accusations of taxing the Colonies without their consent, housing troops without their permission, refusing to let them trade with other countries, and changing the Colonies' government.
What charges were brought against Bruce Ismay in the Titanic sinking?
None.Bruce Ismay got away without any charges, though he was called a coward for the rest of his life for taking a seat in a lifeboat.
What does felony dismissal really mean in new york city?
It depends on the type of the dismissal. Dismissal WITH prejudice means that the charges cannot be brought against that defendant again.. Dismissal WITHOUT prejudice means that the charges MAY be re-filed against the defendant.
What law passed by Parliament gave a prisoner the right to have a judge specify the changes against him or her?
The law that granted prisoners the right to have a judge specify the charges against them is called the Habeas Corpus Act. This act was passed by the English Parliament in 1679 to protect individuals from being unjustly detained without sufficient evidence or legal process. It ensures that prisoners can challenge the legality of their imprisonment and have their case heard by a judge.
Can you be charged from a a witneses statement?
Yes, a person can be charged based on a witness statement. Witness testimony is considered valuable evidence in legal proceedings and can be used to support charges brought against an individual. However, additional evidence may be required to corroborate the witness statement for a successful prosecution.
