Skip to main content

Can a person be accused of arson if there was no proof found?

Walled Lake, MI |
Attorney answers 4

Posted

The better question is can someone be convicted of arson without direct evidence. Anyone can be charged with anything the police investigate and the prosecutor believes they can prove. Conviction depends on all the evidence presented by both sides. A lying witness may affect the decision to charge, but other evidence would likely be needed.

Posted

The answer is NO. There has to be some proof of a crime in order to be forced to stand trial. NO proof and no trial. Shounds like you need a very skilled experienced criminal defense attorney to help.

Posted

A person can be accused of anything. However, the State must have probably cause before they can charge an individual with a crime and the prosecutor must prove the case beyond a reasonable doubt before there can be a conviction. Contact a criminal defense attorney in your area immediately.

This is general information and not legal advise. This communication does not create a lawyer-client relationship.

Posted

A person can be accused. It appears that the person you are asking about has been accused by a witness.

A person can be convicted with no physical evidence based upon witness testimony including mistaken or lying witness testimony.

You need (1) to not be talking to the police, and (2) a criminal defense lawyer, now. Arson cases can be very complex. Make sure your lawyer has experience with them.

If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.

Thank you.

--- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
http://addbalance.com

--- Facebook Page
http://www.facebook.com/CriminalDefenseMadTown

--- Talking to the Police - Advice from Lawyers and Police
http://addbalance.com/police.htm

--- Miranda Rights (and Wrongs)
http://addbalance.com/miranda_rights.htm

DISCLAIMER:

Confidential information should not be disclosed in this Internet forum.

I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

This AVVO Answer is provided for general educational purposes only.

Click on the “more” link below for more important information about the answer and AVVO.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.