Legal Question in Criminal Law in Minnesota
5th Degree Assault/Felony
Can a person be charged for this? They don't have enough evidence and it is all hearsay and the judge said she would let him know by the end of that day. She didn't he is still in custody. he had a probable cause hearing on Friday May 1st. His public defender asked for a bail reduction and she the judge said she would let him know that day. she didn't. Isn't the judge liable and under oath?
1 Answer from Attorneys
Re: 5th Degree Assault/Felony
An assault case may proceed to trial even on circumstancial evidence, so long as the evidence is admissible in court. If the only evidence is hearsay, the qquestion is whether the evidence is admissible under a hearsay exception, and there are many. If not, then the case may be dismissed as lacking in probable cause.
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