246) Can I be convicted with only circumstantial evidence? ~ #HaberPA Miami Criminal Defense Lawyer
Channel: Michael Haber
Date: 2018-02-26

Thank you for asking me “Can I be convicted with only circumstantial evidence?”

Yes..........   Well that was another quick Webisode :-)  But in order for a police officer to arrest you, for any crime, the cop needs to have “probable cause”.  This means that a cop must be convinced that there are at least enough facts and inferences available to make a reasonable person believe that there’s a good probability that you committed a crime, and this can be happen with out any direct evidence at all and with purely circumstantial evidence.

While this holds equally true for a conviction - meaning that you CAN be convicted with no direct and with only circumstantial evidence, the standard for a conviction is significantly higher than the mere “probable cause” required for an arrest.

In order to convict you the State is going to have to prove, beyond a reasonable doubt, that you committed the crime charged.  

Here’s an example of a purely circumstantial case: There’s a dead body.  There’s testimony that the deceased and I knew and disliked each other, that we’d recently argued and that I’d made verbal  threats to kill him.  There’s proof that I own a .357 magnum and the deceased was shot and killed by a .357 round.  Someone says that although they didn’t witness the actual shooting they did hear a gunshot and within seconds saw someone who matched my height and weight fleeing the scene of the shooting, further my cell phone records confirm that at the time and date in question my cell phone was in the area where the shooting occurred.

Is this enough for an arrest?  Absolutely.  Any reasonable person could infer that this set of facts points to me as the shooter.  I’ve got both the means and the motive.  But is it enough to convict me?  It could be but that decision is gonna be left to the jury.

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
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http://www.criminallaw.miami 
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