Law Enforcement Investigations of Technology Based Offenses: "There's an app for that."
American Bar Association, Criminal Justice Section
2011
Legal Answers
Q. Can you be charged, and convicted for sell of meth, when you weren't there even if the detective says you were.
A: The burden is on the government to prove that the Defendant committed the offense. The government must have evidence and proof beyond a reasonable doubt. A Detective may testify as to a Defendant’s purported involvement in a crime. However, errors can be made. That is why all of the evidence must be explored, including any video or audio footage, if any. Further, the Detective is subject to cross-examination to determine the Detective’s credibility with respect to the purported identification. Finally, depending upon the facts and circumstances, a Defendant may have an alibi defense that can be explored once all of the details of the allegation are known (the specific time, location). The standard to get charged with a crime is lower than the standard to be convicted. Misidentification can happen and unfortunately, people are often charged and sometimes convicted for crimes they did not commit. However, in drug cases there are often identification procedures employed (fingerprints, photographs, video, audio, witness testimony) and your defense attorney should explore the identification issue and alibi issue with you in detail. I suggest you retain counsel and if you already have counsel to work with counsel and not post regarding the matter.
July 5, 2022
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If you, or someone you know has a question regarding a legal matter, please do not hesitate to contact Charlotte Criminal Defense Attorney Ron Frey and The Frey Law Firm, PLLC for a free initial consultation at: (844) 766-3739. Please visit The Frey Law Firm, PLLC on the web at http://www.FreyLegal.com
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