Legal Question in Criminal Law in Florida

Burglary while armed

Can you get convicted on circumstantial evidence only? For example your car being in area of a crime.


Asked on 6/22/07, 11:23 pm

3 Answers from Attorneys

Scott Cupp Law Office of Scott H. Cupp, LLC

Re: Burglary while armed

Circumstantial evidence is evidence just like direct evidence. However, if the state is relying totally on circumstantial evidence it must be inconsistent with any other innocent explanation.

If the ONLY evidence connecting someone to a crime is that their car was "in the area of a crime" that is insufficient evidence to convict them.

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Answered on 6/23/07, 8:33 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Burglary while armed

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Circumstantial evidence is admissable just like any other evidence. It would be rare that a conviction could be reached upon only circumstantial evidence alone. Generally it is combined together with other evidence including witness statements, fingerprints or the like.

Scott R. Jay, Esq.

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Answered on 6/23/07, 11:18 am
Valerie Masters Valerie Masters, P.A.

Re: Burglary while armed

i would need more information but generally circumstantial evidence is enough to convict

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Answered on 6/23/07, 1:49 pm


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