Legal Question in Criminal Law in Minnesota

Could a case be made for burglary when the only evidence is a cigarette butt that has your DNA though you live next door to the house that was burglarized

Asked on 8/09/18, 7:57 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

A prosecution case usually is made up of many pieces of evidence,which taken together, the prosecutor hopes amount to "probable cause" to believe that the accused committed the crime claimed. For example, to charge Burglary there would need to be some evidence relevant to each element (ingredient) required to have the Burglary crime charged. There would have to be evidence that a burglary did happen.

DNA evidence is often used as evidence of identity. But it can prove nothing. For example a person's DNA would be expected to be all over their home, workplace, car, etc.

The question is not entirely clear. You might want to give a call.

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Answered on 8/09/18, 9:40 am

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