Q: Can you be charged, and convicted for sell of meth, when you weren't there even if the detective says you were.
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.
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.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.