Legal Question in Criminal Law in Minnesota

Sex offense accusations

Why is its people can be charged on allegations and hearsay and no true hardcore evidence. Two kids say a person did something to them and the offender denies everything -- the investigator will not give them a polygraph or investigate the matter further jsut want to charge the person or have him enter a plea -- if he takes the plea and goes through conseling and they find them denying everything then off to prison anyway. How does this work?? How can the innocent be guilty before a trial and why is it there are guilty till proven innocent -- rather then vice versa??


Asked on 8/21/08, 4:08 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Sex offense accusations

All that is necessary for a case to reach trial is that there is sufficient probable cause to believe the crime has been committed. That means a criminal charge may be based entirely on circumstantial evidence.

Certainly, such cases are not particularly strong for a prosecutor, but, in the end, a jury judges the credibility of the witnesses in determining guilt. It is at a trial that guilt is determined and not before. Charges do not make a person guilty. Only a conviction has that effect. In my experience, in most cases there is sufficient reasonbable doubt and the jury acquits.

For a consultation call 612.240.8005.

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Answered on 8/21/08, 6:30 pm


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