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Is heresay enough evidence for probable cause in a criminal case for an arrest with out substancial evidence if a person or persons that committed the crime places you at the seen of the crime?
Wiki User
∙ 15y ago
An answer to this questions depends on the facts of the case. If a person has been charged with a crime he should discuss it with his attorney.
Wiki User
∙ 15y ago
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How was probable cause established?
Probable cause is typically established when there is enough evidence to suggest that a crime has been committed or is about to be committed. This evidence can come from witness statements, physical evidence, surveillance, or other investigative techniques. Probable cause is required by law before a search or arrest can be conducted.
Can one be held accountable for a criminal charge that was no billed?
Yes, if new evidence show more probable cause.
If the prosecution in a criminal matter does not present enough evidence at the probable cause hearing can they come back with more?
befoer
What kind of evidence do the police need for a raid?
They do raids to gather evidence. They need good Intel or Probable Cuase the a crime has been or is being committed.
When a police officer has the authority to arrest a suspect based on reasonable belief that the criminal has committed a crime it is called?
probable cause
What is a preliminary hearing for?
In the context of criminal law, a preliminary hearing is used to determine whether probable cause exists to believe that the offense charged has been committed by the defendant. The hearing officer considers the evidence and reaches a decision on the issue of probable cause. Procedures vary by state, so local law should be consulted.
When may an officer make an arrest without a warrant?
When he has probable cause to believe that the person he is arresting has committed, or is about to commit, a criminal offense.
What is the legal basis of prosecution?
Probable cause supported by evidence/testimony that the accused committed the statutorily unlawful act with which they are accused.
If there is no evidence can someone still be charged just because they were there and they have a criminal record?
If, at the time of arrest, there was sufficient "probable cause" to believe that you committed the crime - and if the information was presented to a judge or grand jury and they handed down an indictment based on it - yes, you can be charged. It will be up to the prosecution to prove at trial that there IS sufficient evidence to convict you of the crime.
Why are probable cause warrants issued?
For the "probable cause" that a criminal event has, or is about to occur, and by serving the warrant (search or arrest) the crime can be solved or prevented. Probable Cause (partial definition): " . . is more than mere suspicion but less than the amount of evidence required for conviction."
What is the most important factor a prosecutor considers when deciding on criminal prosecution?
That sufficient 'probable cause' exists to support the arrest and charges of the perpetrator.
What is the burden of proof needed for in an arrest?
It is not known as "The Burden of Proof" it is known as "PROBABLE CAUSE." Probable cause is a standard used in justifying certain police actions. For example, police need to have probable cause to believe that evidence of a crime exists. It is more than mere suspicion but less than the amount of evidence required for conviction. (e.g.- A police officer may have probable cause to believe that there is the possibility of criminal activity when someone is encountered trespassing on private property late at night wearing a stocking mask, in order to justify stopping and searching the person for possession of criminal tools.) See:http://definitions.uslegal.com/p/probable-cause/
