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How can i get charged with a theft 3 with ZERO proof, just someone who said they "saw me"
Anonymous12 views5 answers
I went to visit my old co worker. I hungout with her and her co worker for about 30 mins. I then left and 30 mins later i get a call from the Lynnwood PD saying i needed to come to the station to discuss the products that i had stolen from the store. So i go back and they sit me down and asked me what happened, and i told them that i was there to visit with my friend on her lunch and then was there talking to my friend and her co worker. Apparantly her co worker called the cops saying she saw me steal. She waited until i left the store to call the cops, so i couldnt show them i didnt do it. How can they charge me with theft 3 with no proof? The judge said theres "probable cause." So i get charged just cause she said she saw me. Her word against mine. How do they know shes not lying?? :(
The police don't have any way to tell who is lying in a case like this. Law enforcement doesn't typically want to spend any real effort or time getting to the bottom of these kinds of things. More often than not they will simply arrest you and let the courts figure it out later.
The "probable cause" standard used to decide whether the judge can order conditions of release pending trial is very minimal. Finding probable cause does not necessarily mean the judge thinks there is enough evidence to convict.
Many a person have been convicted on witness statements alone. It can be enough. Presumably there is actually property missing as well. On the other hand, the fact that no property was recovered, no other witnesses saw the alleged theft and there is no video or physical evidence to offer as proof are strong arguments to present to the jury.
Scott W Lawrence
(425) 488-8481 (Office Phone)
Unfortunately, it usually does not take much for a court to determine there is "probable cause" to arrest and charge someone with a crime.
However, probable cause is not the proof beyond a reasonable doubt needed to convict a person of the crime.
The person should not continue to speak with the police, security, or anyone ER but his or her attorney about the matter.
The law in every state that I know of is that the testimony of a single witness, if believed by the trier of fact (i.e., the jury or the trial judge) is sufficient evidence to support a criminal conviction. In other words, the testimony of this witness might be sufficient to establish not merely probable cause but even proof beyond a reasonable doubt. The State's burden is not as high as you think it is. Video tapes, fingerprints, DNA, corroborating witnesses, etc etc etc, none of that is necessary. This case sounds like it has a reasonable chance of a successful defense at trial, but you must take it seriously. I strongly suggest that you retain a good attorney to represent you.
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
I am not practicing in WA but from what you described, it is clear that a criminal state case has been initiated and the presiding judge found probable cause. That means that the criminal case against you will proceed to trial.
As we all know, this case cannot be adjudicated on and you must retain a good WA licensed counsel to protect your legal interest during the trail, give your submission that the prosecution may call an eye witness in their case in chief.
Consult a local criminal law attorney IN PRIVATE - many offer a free initial consultation. Contact one of the local attorneys who responded to your question or another listed on avvo. This charge is not going away - you need to retain someone to assist you
