Legal Question in Criminal Law in Virginia

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Can you press charges on someone without any evidence?


Asked on 3/09/05, 9:17 pm

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Help

Filing charges is up to three entities: a police officer on the scene, a magistrate after a complaint has been filed and a grand jury by a prosecutor. Theoretically, all three entities should only charge after they are convinced that there is a reasonable basis for the charge. However, all three entities have their problems and it's been known to happen that charges are filed without convincing evidence. Prosecutors should refuse to go forward without good evidence but again, it doesn't always happen that way.

Good luck

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Answered on 3/09/05, 9:30 pm


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