Can I Be Charged for a Crime Without Any Evidence?
Full Question:
Answer:
It is a matter for the prosecutor to decide whether enough evidence exists to successfully prosecute a case. All that is required is that probable cause exists. "Probable cause" is satisfied if any reasonable attorney would have thought the claim capable of prevailing.
The answer will be a matter of subjective determination for the court, based on all the facts and circumstances involved, such as the nature of the harassment and whether probable cause or reasonable suspicion existed. Reasonable suspicion has been defined by the U.S. Supreme Court as “the sort of common-sense conclusion about human behavior upon which practical people . . . are entitled to rely.” Further, it has defined reasonable suspicion as requiring only something more than an “unarticulated hunch.” It requires facts or circumstances that give rise to more than a bare, imaginary, or purely conjectural suspicion.
