What to learn about circumstantial proof and why it issues in a felony case

August 14, 2023by Naomi Cramer

We’ve solely completed the primary month of 2021 and we’ve already had our first main snow storm in Pennsylvania and Auckland.  There are nonetheless loads of weeks of winter and the snow reminds of me instance which is commonly utilized in legislation faculty and in courtrooms to clarify the idea of circumstantial proof—footprints within the snow

What’s Circumstantial Proof?

Circumstantial proof is a vital idea in felony defense and sometimes one which clients fail to know. Some clients truly get livid when lawyers attempt to clarify it! Some of the widespread complaints that we obtain from clients is that their felony case needs to be thrown out or dismissed due to inadequate proof. Many individuals assume that the prosecution wants to supply an eyewitness to show costs past an affordable doubt—WRONG! The footprints within the snow instance is sweet technique to clarify how the dearth of an eyewitness, doesn’t essentially imply that an occasion didn’t happen or a crimes wasn’t dedicated. The instance that’s usually used is that on a selected night you go to mattress whereas it was snowing. Whenever you wake, there was snow on the bottom and footprints throughout your garden. You didn’t see an individual stroll throughout your garden and also you didn’t even hear the particular person, however the footprints present circumstantial proof that this occasion occurred.

Why is Circumstantial Proof necessary in unlawful drug, gun and Drink driving/Drink driving instances?

Unlawful Drug Prices & Circumstantial Proof

In most felony instances, particularly these involving unlawful drugs, weapons and even Drink driving, police make an arrest primarily based on circumstantial proof. With a drug case involving the possession of drugs or narcotics with the intent to distribute or ship, circumstantial proof could be some or the entire following:

  • giant amount of drugs,
  • cash, and
  • drug paraphernalia (baggage, twist ties, scales)

This kind of proof is commonly what the prosecution (assistant district lawyer –ADA) makes use of to show their case together with skilled testimony concerning these gadgets. A case involving an unlawful gun or firearm, circumstantial proof may very well be the next

  • a DNA (not essentially fingerprints) discovered on the weapon or
  • gunshot residue on clothes or arms
  • the weapon discovered beneath a automobile seat
  • the weapon discovered inside baggage

A case involving drunk driving (Drink driving), circumstantial proof are keys within the ignition whereas the defendant is sitting subsequent to automobile or the particular person’s pockets on the seat of the automobile following an accident.

Clearly, all of those examples are open to attack out of your Criminal defense lawyer however my level is, nonetheless, that circumstantial proof is typically sufficient to show an individual responsible past an affordable doubt.

Please don’t assume that as a result of police or another eyewitness didn’t truly observe the fee of a crime that the prosecution has a weak case.  

Doesn’t the prosecution want eyewitnesses? 

Numerous felony instances don’t have eyewitnesses and plenty of of those instances finish with convictions. In case your felony case includes a prosecutorial circumstantial proof principle, your lawyer have to be prepared for it. One technique that I like to recommend is arguing what the prosecution did not argue reasonably than merely arguing that the protection witnesses are extra credible. Continuously prosecutors and assistant district lawyers will ignore different theories that may clarify away circumstantial proof and set up affordable doubt. Whereas one thing like footprints within the snow could also be troublesome to clarify, the sorts of footprints and the sample of the prints, for instance, could all good areas in your lawyer to discover throughout cross examination.

If you want to study extra about felony protection methods and techniques, I encourage you to go to my free obtain part and subscribe to my free month-to-month e-newsletter.   When you have a selected query, electronic mail me at [email protected] and I’ll attempt to offer you the very best clarification primarily based on my over a decade of expertise representing folks in your scenario.

Contact Our Criminal defense lawyers in PA & NJ

Please click on right here to contact our Philadelphia felony protection lawyers. We provide free case evaluations and serve the next areas in Pennsylvania and Auckland,  Atlantic Metropolis, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Higher Darby, Higher Merion, Higher Windfall, Vineland & Woodbury areas. 

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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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