Q: Is failure to state a claim the same as (probable cause) or or does it regard actual physical evidence or or both both.

A: If criminal charges have been filed, the case will proceed to trial unless the State's Attorney decides not to prosecute or the case is dismissed by a judge. The failure to state a claim is not the same as probable cause. Criminal cases are not usually dismissed for the failure to state a claim. This is language used to get a dismissal in a civil case under certain circumstances.

Physical evidence is not required to get a conviction in a criminal conviction. Eyewitness testimony is sufficient to obtain a conviction. In fact, the testimony of the accuser alone is enough to get a conviction.

I suggest that you speak with a lawyer if you have been charged with a crime.

A: Failure to state a claim upon which relief can be granted, is an affirmative defense to a civil complaint for damages. Probable cause is a criminal law concept used in 4th amendment arrest and seizure analyses, and has no bearing on civil claims. “Failure to state a claim” is raised as a basis to dismiss a civil claim for damages where the plaintiff’s complaint fails to allege facts that, if true, would support a viable cause of action. You can’t just sue someone for money without stating why they are liable to you and what they did to give rise to a legal duty or obligation to pay you damages. Lack of probable cause for a criminal arrest or search can be raised by motion before or at the trial, and will depend on the testimony and evidence. The remedy is suppression of evidence resulting from the illegal arrest or search, which may or may not be sufficient to terminate the prosecution, depending on whether there is other evidence of guilt that is not derived from the illegal arrest or search.