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It depends on WHO says it lacks evidence.
The defense attorney is ALWAYS going to claim that the prosecution lacks sufficient evidence to convict their client.
If the judge dismisses the case due to lack of evidence then the prosecutor didn't build a proper foundation for their case. In the end it comes down to the prosecutor who decides if they have enough evidence to proceed with prosecution or not.
If a prosecutor decides that law enforcement failed to present them with enough to work with they will Nolle Prossea case before it ever even gets to court.
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∙ 13y ago
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