The law requires every complainant who files a criminal case and the prosecuting officer to provide compelling evidence proving that the defendant committed a crime. Failure to do this may indicate that the crime might not be as severe as the complainant reported. Therefore, you can file an appeal after getting a conviction after the plaintiff fails to provide information that meets the required standards. The following are situations when a criminal defense lawyer from a reputable law firm can challenge a conviction for engaging in a crime without evidence.
There Is No Video Evidence to Support the Case
Many buildings have surveillance cameras that capture activities inside and around them. Therefore, you can expect the defendant to provide surveillance footage of the alleged crime. They may also use their phones to take photos or record video evidence to prove the case. However, the complainant may not provide this evidence in court. Your lawyer can argue that the lack of video evidence indicates that you never committed the crime. They might even table surveillance footage from buildings around the area to prove that there was no crime in the neighborhood that the defendant claims there was during the incident.
There Is No Physical or Forensic Evidence to Support the Case
Physical evidence is essential in criminal cases because it enables the complainant to demonstrate that the defendant was fully responsible for the crime. The prosecuting officer also uses it to prove that they conducted an extensive investigation that proved the defendant was the main culprit. A lack of this critical evidence may indicate that the complainant made a false accusation against you. Or the police arrested you wrongfully after mistaking you for the wrongdoer. Therefore, your lawyer will ask the court to dismiss your case for lack of evidence.
Witnesses Are Providing Conflicting Information
Witnesses presented by the prosecution should provide the same facts about the alleged crime. Therefore, if they share conflicting statements, it might indicate some missing links in your case. For example, the eyewitnesses might give two different versions of the incident, making it challenging for the judge to determine what happened. Therefore, your lawyer will cross-examine the witnesses to enable them to shed more light on what they saw. This will prove that they're not sure of what happened, and your lawyer can contest the use of their statement as evidence in your case.
A judge can only jail or order you to pay a fine if the complainant provides evidence linking you to the crime. Therefore, if they don't have any proof or their information does not link you to the incident, you're not supposed to get a punishment. A criminal defense law attorney can raise different arguments in court to prove your innocence and get you a lenient judgment.
Contact a local law firm, such as an Indonesian law firm, to learn more.Share