QUESTION
How can I be convicted of a crime with little to no evidence?
Asked on Nov 05th, 2013 on Criminal Law - Michigan
More details to this question:
The police claim they found "remnants of an inactive clandestine drug lab" in my trash. My trash was set out the day before for pick up, and anyone could have thrown that in with my trash. I have never been in trouble and don’t do drugs. How can they legally do this?
10 ANSWERS
John J. Carney
Retain a good lawyer to handle the case. The police can charge you with anything they want, but the prosecutor must prove it beyond a reasonable doubt and survive a motion to dismiss on facial insufficiency by your lawyer.
Answered on Nov 07th, 2013 at 9:44 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Your facts are insufficient to formulate an opinion regarding a variable defense.Talk to a criminal defense attorney.
Answered on Nov 07th, 2013 at 9:43 PM
Sure they can, especially if you forget you have the right to remain silent and cop yourself out. Remember, no matter what you say it will be twisted around and used against you later.
Answered on Nov 06th, 2013 at 10:20 PM
Michael J. Breczinski
Well they have to prove that you put the stuff there. But a trash pull is upheld by the appellate courts on the theory that the garbage is abandoned.
Answered on Nov 06th, 2013 at 10:20 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Legally, they can charge you with anything. Whether or not they have enough competent evidence to convict you is to be seen. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 06th, 2013 at 10:20 PM
I'm sorry for your troubles. In a case such as you described, one element of the charge that the State has to prove - beyond a reasonable doubt - is that the defendant knowingly "possessed" the drug paraphernalia in question. In order to establish "constructive possession" (since "actual possession" is not an issue), the government must prove that you knew about the paraphernalia, and that you had both the ability and intent to exercise control over it (even if it wasn't in your "actual" possession). Based on what you've described, I would think that a well-crafted motion to dismiss for lack of probable cause is called for, as there is a litany of court decisions which would support dismissal of your case. This is putting aside other issues associated with whether the government can even prove that what they found was, in fact, a meth lab and any number of other issues that can arise in a drug case. I wish you good luck.
Answered on Nov 06th, 2013 at 10:20 PM
Have you already been convicted, or simply charged with a crime? If convicted, was it a jury trial, bench trial to a judge or was there a plea entered.
Answered on Nov 06th, 2013 at 10:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and until then keep absolutely silent. It always possible to charge you, the question is whether or not you can be convicted.
Answered on Nov 06th, 2013 at 10:19 PM
Personal Injury Attorney serving Las Vegas, NV
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James E. Smith, LTD
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It's up to the Judge to decide if there is probable cause. But that is enough evidence to charge you.
Answered on Nov 06th, 2013 at 10:19 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It may be enough for probable cause to bind the case over to trial, but that does not mean it will be enough to convict you beyond a reasonable doubt. Retain an experienced criminal defense attorney in your area that handles drug cases to represent you and point out these deficiencies in the case. He may be able to convince the prosecutor the case is so weak that they should just dismiss it.
Answered on Nov 06th, 2013 at 10:18 PM