Can I Be Convicted Without Physical Evidence?

Any kind of evidence, direct or circumstantial, could be admissible in court.

Yes, if the evidence is sufficient to meet the burden of proof in a criminal case. That is a big “if” because the burden of proof in a criminal case is beyond any reasonable doubt.

In simple terms, the prosecutor’s evidence-based version of events must be the only reasonable explanation. So, the prosecutor must present a mountain of evidence, and the prosecutor’s narrative must have no plot holes of any kind.

Therefore, as outlined below, a Fort Worth criminal defense lawyer usually changes strategies if the prosecutor has no physical evidence of a violent crime, sex crime, or other such offense. The strategy may change, but the goals don’t change. An attorney is committed to the best possible result under the circumstances.

Kinds of Circumstantial Evidence

In some ways, circumstantial evidence is more effective for prosecutors than direct evidence. Eyewitness statements are a good example. A Fort Worth criminal defense lawyer can erode the credibility of an eyewitness during questioning. But a lawyer cannot cross-examine a knife. It is what it is.

Coincidental evidence is also circumstantial evidence. For example, even if the phone’s location function is off, police officers can still track that phone’s movements and prove the owner was in a certain place at a certain time.

This evidence isn’t as strong, partially because it is not as specific. Smartphones automatically connect to the nearest cell phone tower. So, police can prove the defendant was in the neighborhood but not prove a specific location.

Additionally, smartphone connection evidence often has procedural issues. Police officers must have search warrants to seize connection evidence from cell phone companies. On a related note, police officers also need search warrants to look past a smartphone’s lock screen and view texts or contacts.

Circumstantial evidence could also include scientific evidence, like fingerprints, DNA, and rape kits. This evidence is reliable, at least to a certain extent. For example, rape kits prove that two people had sex. That’s a medical issue. But it does not prove the sex was unconsented. Consent is a legal issue.

Other kinds of scientific evidence, such as tire tracks and clothing fibers, are not reliable. So many people wear certain clothes or drive certain vehicles that this evidence cannot possibly satisfy the aforementioned burden of proof.

Legal Strategy

Usually, eroding the state’s evidence is the best defensive strategy. But if the state only has circumstantial evidence, a Fort Worth criminal defense lawyer often changes gears and uses a narrative defense.

Some people may remember the 2010 Casey Anthony saga in Florida. Prosecutors alleged that she killed her 2-year-old daughter and hid her body in a vacant lot. Police had no direct evidence, but the circumstantial evidence was solid. For example, Casey went on a carefree date while her daughter was missing. Additionally, Casey repeatedly lied to investigators.

Rather than picking at the evidence, her lawyer spun an alternative narrative. He stated that the girl drowned in a swimming pool, and, in a panic, the family hid her body.

Granted, that alternative theory was shaky. But it was no less certain than the prosecutor’s theory that a mom brutally murdered her own daughter for no apparent reason.

Work With a Dedicated Tarrant County Attorney

Purely circumstantial evidence can lead to a conviction. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker. Convenient payment plans are available.