Legal Question in Criminal Law in California

I was at a party and an iphone was stolen. A lot of the kids there said they saw me take it. I don't have the phone at all but the police say they launched an investigation on me and there going to send it in to the DA. Can they press charges on me just because they have people claiming to be witnesses to illegal activity or do they need some sort of evidance?


Asked on 3/07/10, 9:46 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Statements from eyewitnesses *are* evidence. It is common for the authorities to lack physical evidence of a crime but to win a conviction based upon eyewitness testimony and circumstantial evidence.

By the way, although you acknowledge that you are suspected of stealing the phone, you deny only that you "have" it. Not having the phone does not mean you didn't steal it. And denying only that you have the phone when one would expect you to deny stealing it suggests that you did steal it and somehow disposed of it later. If you have made a similar statement to anyone else, it could be used as evidence against you.

Now stop talking about the case unless and until you get a lawyer -- and then discuss it only with her.

Read more
Answered on 3/12/10, 9:59 pm


Related Questions & Answers

More Criminal Law questions and answers in California