Legal Question in Criminal Law in New York

Is this a substancial case against vandalization?

Is an eyewitness that places a destinct vehicle(one they've known for years) at the scene of a crime substantial evidence? Why don't they take fingerprints in vandalization cases? What is the burden of proof like in a case of vandalization?


Asked on 11/04/03, 9:56 am

1 Answer from Attorneys

Re: Is this a substancial case against vandalization?

The burden of proof is the same as in any criminal case -- proof beyond a reasonable doubt.

As for a car's presence at the scene, the value of this evidence can only be judged in consideration with the other evidence. Standing alone it is not worth much because mere presence at a crime scene is not a crime.

Assuming that you or someone you know has been arested for criminal mischief, that person should consult with a criminal defense attorney. My office handles these type of cases and you may contact me if you wish to discuss the case.

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Answered on 11/04/03, 10:02 am


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