DO THEY HAVE TO HAVE EVIDENCE OF ARMED BURGLARY

Asked over 1 year ago - Saint Petersburg, FL

MY SON IS INCARCERATED ON HEAR SAY OF ARMED BURGLARY DONT THEY HAVE TO HAVE EVIDENCE OF THAT,WHAT HAPPENED TO INNOCENT UNTILL PROVEN GUILTY

Attorney answers (5)

  1. William David Umansky

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . This sounds more like a statement not a question. In general the State can not prove a criminal case on hearsay alone but we do not know enough facts from your question to answer your question.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  2. Don Waggoner

    Contributor Level 17

    7

    Lawyers agree

    Answered . They have to have probable cause to arrest him. That may be able to be established by hearsay. It takes much more to convict him. Apparently, at this point some judge believes there is at least probable cause.

  3. Nick Jay Dorsten

    Contributor Level 20

    7

    Lawyers agree

    Answered . Probable cause is all that is needed for an arrest. However for a conviction, the State must prove the allegations beyond a reasonable doubt-a much higher standard. Start consulting with local criminal defense lawyers so you can give your son's side of the story.
    Good luck,

  4. Robert Edward Heyman

    Contributor Level 14

    6

    Lawyers agree

    Answered . i assume your son is being held in custody pending a possuble trial. His attorney will be provided all of the evidence which the state may introduce at trial to prove his guilt. While a conviction requires evidence beyond a reasonable doubt, your son can be held in custody so long as there is probable cause to believe he committed the crime. unfortunately, probable cause can be established in part by hearsay evidence.
    good luck

    Robert E Heyman

  5. Jonathan Hackworth

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . I agree with my colleagues. Your question really raised more questions than anything else, did he plea or go to trial? Has he already been sentenced? It sounds as though you all need to retain a criminal defense attorney to assist you in the matter. My firm handles such matters and offers free case consultations. Good luck.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more

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