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If you or someone you know has been accused, arrested, jailed or charged with a crime, you are still presumed innocent. You are only convicted when/if the prosecution proves that the crime was committed beyond a reasonable doubt. The United States Supreme Court says that you, as the accused, do not have to prove anything or it will violate your due process rights for a jury. Prosecution must prove that every part of the crime is beyond a reasonable doubt, whether the evidence is direct or circumstantial. To fully understand the evidence in your case and the impact it can have on your criminal charges, you need to speak with the best criminal defense attorney.

Circumstantial evidence consists of different and seemingly unrelated facts or information that do not actually prove that a crime occurred, but instead infer that a crime occurred. This type of evidence typically includes observations of an arresting officer. If no one witnessed you driving, circumstantial evidence may conclude that you operated the vehicle if the vehicle’s hood was hot, if you were in the driver’s seat without any passengers, and if the car was on the side of the road.

Direct evidence specifically shows that something is a fact. The jury need not infer whether or not the defendant is guilty of the crime. Examples of direct evidence in a DWI would include a video recording of your driving erratically, the arresting officer seeing you swerve, a testimony from a reliable witness, or testing where the results show a BAC level above .08 percent. Even without direct evidence against you, the prosecutor may rely on circumstantial evidence to show that you were indeed driving while under the influence if your eyes were bloodshot, there was also a heavy odor of alcohol, and if you had difficulty completing the field sobriety tests.

The Bottom Line: The prosecution does not have to have direct evidence in any case with overwhelming circumstantial evidence. An experienced criminal defense attorney will be able to present good evidence, question witnesses and argue in a way that will convince the jurors that there is not enough proof to convict you.  Put my number in your phone and call me. 513-260-2099

 

 

 

 

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