Prior Convictions Without Physical Evidence
Description
How to fill out Motion To Bar Introduction Of Any Evidence Relating To Prior Convictions Or Bad Acts?
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FAQ
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
Further, California criminal law allows the prosecution to convict a defendant on circumstantial evidence alone. If direct evidence were always necessary for a conviction, a crime would need a direct eyewitness, or the guilty party would avoid criminal responsibility.
Not-Guilty Verdict In the unlikely event that a case goes to trial with minimal evidence, a jury will make the decision on guilt. A jury could return a final judgment of not guilty if they believe there is insufficient evidence to prove beyond a reasonable doubt that you committed the offense in question.
In general, you cannot be charged without evidence, but many people take this to mean physical evidence. In the absence of physical evidence, you can still receive drug charges if you had control over an illegal substance or had the intent to sell or distribute that substance, even if you did not physically possess it.
Rule 609 of the Federal Rules of Evidence deals with the impeachment of a witness by evidence that the witness has been previously convicted of a crime.