Can You Be Charged with a Crime Without Evidence?

In many courtroom-based movies and television shows, there is a scene where the prosecutor says something along the lines of, “We can’t find the body. Without it, we’ll have to drop the charges.” This reasoning might make for good drama, but it’s far from reality. 

In real life, the rules of evidence are quite complex. A person cannot be convicted of a crime without any evidence. However, prosecutors can use many types of evidence to make their cases – and they aren’t bound to any particular type. 

This article discusses the types of evidence that prosecutors can use in criminal trials. It also answers important questions about whether a person can be charged or convicted of a crime without evidence. Read on to learn more and to find out how a Marin County criminal defense attorney can help your case. 

Can You Be Charged with a Crime “Without Evidence?”

No. Each step of the criminal justice process requires some evidence. For instance, police cannot simply arrest someone at will. They must have probable cause for the arrest, and that probable cause must be supported by evidence. Eventually, judges will review this evidence. If the judge finds that the evidence was insufficient, they can dismiss the case. The same rules apply to the charges brought by prosecutors. If a case is brought with insufficient evidence, the judge will review it at the preliminary hearing (for a felony) or on a motion (for a misdemeanor). Again, if the evidence does not support the charges, the case will be dismissed. 

Bottom line: All charges must be supported by evidence. 

What Counts as “Evidence” in California Criminal Cases?

Under California law, evidence is “testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.” Statements from witnesses are typically referred to as testimonial evidence. In addition to witness testimony, prosecutors and defense attorneys can use physical evidence such as: 

• Medical and business records 
• Official reports (such as an autopsy)
• Digital items such as emails, texts, and social media posts
• Objects such as weapons, clothing, and stolen property 
• Pictures 
• Videos 
• Audio recordings 
• Forensic evidence, such as DNA and fingerprints
• Crime scene reconstructions 

Can I Be Convicted Without Physical Evidence?

It is entirely possible for a person to be convicted without physical evidence being presented. Although many popular movies and television shows depict murder cases being thrown out because the police can’t find the body or the gun, this rarely happens. This “logic” ignores the existence of other types of evidence. Even without a body, a gun, or DNA, there will still be witnesses, text messages, and other evidence available. 

For example, Molly is charged with murder. There is no body or weapon. However, witnesses testify that they saw Molly arguing with the victim several days before the death. Molly’s bank records show that she passed a toll booth not far from where the body was found. They also show that she purchased a gun days before the murder. A gas station attendant saw the victim in Molly’s car on the same road. Although this is not physical evidence, it is evidence.  

What is “Circumstantial Evidence?”

Generally, evidence is divided into two categories: direct and circumstantial. Assume that there are two ways to prove a point. One requires deduction from the facts, and the other does not. Circumstantial evidence requires inferences. Direct evidence does not. 

To understand the difference, let’s go back to Molly. If Molly were caught on video killing the victim, that recording would be considered direct evidence. So would Molly’s confession (assuming that it met the necessary constitutional requirements) or the testimony of an eyewitness who saw the murder. These pieces of evidence do not require further interpretation to determine what Molly did or who she harmed.  However, evidence such as the previously discussed toll booth records, argument, and bank records would all be circumstantial. Unlike the video or the confession, they do not directly prove that Molly killed someone. However, they could be used to show that Molly had the means, motive, and opportunity to commit murder. 

Can a Jury Convict on Circumstantial Evidence Alone?

Absolutely! Let’s revisit Molly’s story once more. In her story, the confession, eyewitness testimony, and video were direct evidence. But these types of evidence will not be available in every case. For example, while the prevalence of smartphones and improved security cameras has made video surveillance easier, criminals are also aware of this. So, it’s not typical for a crime to be recorded while in progress. This means that circumstantial evidence remains very important in most criminal cases. 

California jury instruction 223 allows jurors to consider circumstantial evidence. However, where a case (or a significant part of a case) rests solely on circumstantial evidence, jurors are told that if two interpretations of the circumstantial evidence are equally reasonable, they must choose the one that supports innocence. 

Can a Jury Convict Based on the Testimony of One Witness?

Yes. California jury instruction 301 says, “The testimony of only one witness can prove any fact. Before you conclude that the testimony of one witness proves a fact, you should carefully review all the evidence.” In other words, it is up to the jury to decide which witnesses are believable. If the jury believes one witness’s testimony, it can use that testimony to establish a particular fact beyond a reasonable doubt. 

There are exceptions, however. For some witnesses, such as an accomplice or a jailhouse informant, the jury will be told that they can only credit the testimony if another witness confirms it. Your Marin County defense attorney can tell you about the other exceptions. 

How Can a Marin County Criminal Defense Attorney Help With Evidence Issues? 

If you are facing criminal charges, using evidence properly will be key to your defense – and your freedom. A Marin County criminal defense lawyer can help. Your attorney can help you push back against the prosecution’s direct and circumstantial evidence by: 

• Arguing that the police lacked probable cause for your arrest
• Opposing the prosecutor’s evidence at the preliminary hearing
• Collecting evidence from the prosecution during discovery 
• Challenging forensic evidence 
• Conducting thorough cross-examinations of all witnesses
• Ensuring that all pieces of evidence are properly authenticated, properly preserved, and otherwise admissible
• Challenging eyewitness evidence 
• Objecting to any hearsay or other inadmissible statements
• Exposing flaws in the conclusions the prosecutor makes from circumstantial evidence 
• Filing motions to suppress illegally obtained evidence
• Filing motions to dismiss the case for lack of sufficient evidence 
• Hiring expert witnesses 

If you are facing criminal charges in San Francisco or Marin County and need legal help, contact Brownstein Law Group. Our attorneys know the ins and outs of the rules of evidence. We have experience building strong cases with solid results. To learn more about what Brownstein Law Group can do for you, call 415-795-9059 or use our online form to schedule a consultation.