Orlando, FL asked in Criminal Law for Florida

Q: Can you be charged, and convicted for sell of meth, when you weren't there even if the detective says you were.

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2 Lawyer Answers
Jonathan Blecher
Jonathan Blecher
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: Some crimes can be charged and proved even though the person was present during the commission of the completed act. People charged with conspiracy can fall into this category. Now, if the only crime is the actual sale, and you have an alibi, you can defend your case that way.

Ronald Lawrence Frey II
Ronald Lawrence Frey II
Answered
  • Criminal Law Lawyer
  • Tampa, FL
  • Licensed in Florida

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.

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