My guess is that the lack of evidence is in regard to the "for sale" allegation. If there wasn't any evidence of a crime or your boyfriend's involvement then his defense attorney could have filed a notion to dismiss.
Attorney David Kephart is an experienced Criminal Defense Trial Attorney and Jury Consultant. He is the recipient of the Arizona Attorneys for Criminal Justice President's Award and the recipient of the International Academy of Trial Lawyers Commendation for Excellence in Trial Advocacy. His response to your question is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, and does not create a right to continuing email exchanges.
The phrase 'the state has no evidence' has to be taken with a little circumspection.
It is a phase that is used so frequently in legal circles, on TV and in movies--it's often repeated by defense attorneys to mean the states case is weak--it most often does NOT mean they have zero evidence--dollars to donuts the state has some evidence of something, that's why your BF is in jail, the issue will be if that evidence is sufficient to convince a jury of his guilt.
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Without knowing the full facts of your case, it is very difficult to give your boyfriend´s case an evaluation. It sometimes is a common expression for an attorney or party in a criminal case to say that there is ¨no evidence¨ in a case. Such a statement is usually an exaggeration or hyperbole to express the opinion that the State or the prosecution may have a difficult time to meet their standard of proof at a criminal jury trial. With the legal standard being ¨beyond a reasonable doubt.¨
There are many different standards of proof that must be satisfied during the criminal process. An officer during an initial arrest must have ¨probable cause¨ to make an arrest and a grand jury or magistrate must also make the same determination before a case is transferred to the Superior Court. These determinations must be based on testimonial evidence for a case to proceed. The evidence may not be great but a basis usually exist for the proceedings to go forward long before the trial phase in a proceeding.
Under Rule 8 of the Arizona Rules of Criminal Procedure a speedy trial for a defendant in custody must be held within 150 days of arraignment or 180 for a defendant out of custody. If a case is deemed to be a complex case, the trial date may be further delayed if the court makes that designation. Typical drug cases are not usually deemed to be complex cases.
There is some evidence. The question is whether it is sufficient to convict beyond a reasonable doubt. If the case is as weak as your boyfriend is asserting, he should win at trial. Questions should be directed to your boyfriends attorney. Without the facts it's really impossible to answer this question.
I agree with all of the other lawyers. In cases such as these, often the government will obtain the recordings of the defendant's telephone calls from the jail and find a treasure trove of incriminating statements, which in turn, becomes evidence against the defendant. Typically the "evidence" in a case like this will also be things like scales, ledgers, cash, and multiple cell phones in the defendant's possession when he was found with the drugs, under the theory that only a drug dealer has those items with drugs.
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