Legal Question in Criminal Law in California

What is 187 with proable cause? but there is no physical evidence of any sorts.


Asked on 5/09/12, 7:56 pm

2 Answers from Attorneys

Lonnie McDowell McDowell Forster Attorneys

PC section 187 is the unlawful killing of a person. It can also apply to an unborn fetus.

Probable cause means that there is a reasonable belief that a person has committed a crime. The fact that there is no physical evidence (direct evidence) doesn't matter. The violation can be based on circumstantial evidence if it would lead a prudent person to believe a crime has been committed.

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Answered on 5/09/12, 8:06 pm
Terry A. Nelson Nelson & Lawless

Murder.

Your version of 'no evidence' is probably greatly different than the prosecutor's. If there was 'no evidence' there would be no charges filed. The police and prosecutors don't spend time and money arresting, charging and prosecuting cases without facts to do so. If they charge a person, they think they can convict him. If there are actually 'no facts', meaning no evidence, then the case will get dismissed by Motion or at Preliminary Hearing.

You’ll learn the actual charge[s] and enhancements filed and get copies of all the police reports, evidence and test results when appearing for arraignment at the first court hearing. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 5/10/12, 10:39 am


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