Can a case go to trial if there is no evidence?

Answer by  vkcopper (358)

Yes. There is a hearsay rule that can be used if no physical evidence is found or available. Anything that may prove the existence of a fact, writings, objects, and testimony of witnesses. It could be presumption, a conclusion directed by the law, can be conclusive or rebuttable. If irrebuttable law states no evidence to the contrary may be offered.

Answer by  Richard88 (391)

Yes. Although the prelim is supposed to determine whether there is probable cause, probable cause does not require evidence that would be admissable at trial. Many cases that are brought without evidence or with evidence (such as testimony) that would be discredited at trial. Prosecutors are especially aggressive at bringing cases where they think they can obtain plea bargains.

Answer by  tamarawilhite (17883)

A case can go to trial if there is credible testimony. It can go to trial if there is motive, method and opportunity. It can go to trial if others heard you say you did it.

Answer by  SarahJane (114)

No evidence is a subjective statement. A case can go to trial on circumstantial evidence, which is not very stong and it can go to trial based on weak evidence. Cases that involve domestic or sexual violnce are likely to go to trial on little evidence because they are hard to prove.

Answer by  xsut (943)

You should be able to take a case to trial even if their is no evidence. The burden will be on the plaintiff to prove that their case is legitimate and this may be hard if their is no evidence to back it up. If the plaintiff is convincing they could win.

Answer by  xazurianx (330)

In short; yes. A case can go to trial if there is no evidence. The decision to take a case to trial is left upon the shoulders of the prosecutor. It is their job to determine if the state or government has sufficient evidence to prove a case against you. However the judge may decide to drop the case.

Answer by  heather88 (1897)

I don't think it can go to court if there isn't any proof that something bad happened. That is why most cases are thrown out because of lack of evidence.