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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27399
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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What evidence is necessary to prove attempted murder in a federal

Customer Question

What evidence is necessary to prove attempted murder in a federal court?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Can you rephrase your question?

JD 1992 :

Are you asking what type of evidence the prosecution can offer?

JD 1992 :

Please be as specific as possible.

Customer :

what is the required evidence to convict a person of attempted murder?

JD 1992 :

There is no specific type of evidence required,

JD 1992 :

A person con be convicted based on witness testimony, physical evidence, ro even on circumstantial evidence, so long as the elements of the crime are proven beyond a reasonable doubt.

Customer :

My boyfriend has been charged but not convicted of attempted murder. But there is no go, he wasn't at the scene... There's a video of a man stating my boyfriend did not send him over there nor give him a gun.

JD 1992 :

As I said the evidence can vary widely. There is usually some type of witness testimony but people have been convicted based on fingerprints, eyewitnesses, videos, audio, because their weapon was found at a scene, etc.

JD 1992 :

They can't be convicted solely on the testimony of a co-conspirator or accomplice but other than that any kind of evidence is sufficient.

JD 1992 :

I should have said "can be sufficient" rather than "is sufficient".[

JD 1992 :

I am about to have to step away from the computer for about thirty minutes but I'll be back after that.

JD 1992 :

What type of evidence do they have?

Customer :

A video of the individual who went to the house say, "***

Customer :

a video of the idividual

Customer :

a video of the guy who went over there sayin, "did *** *** send you over there to kill *** ***?" His answer, "no when I got over there I decided to f**k him off myself." #did **** **** give you a gun to take over there?" His answer, " no I bought it from a crackhead for $50" .... That's it. No gun, no phone calls, txts, videos, clothes... My boyfriend wasn't even at the scene... And he's seen his discovery.. That's allllll there is.

Expert:  J.A Evans replied 1 year ago.
Hi I hope to help you further with your question. The elements of the crime are the things that the prosecution must prove in order to get a conviction on a charge. ttempted murder charges consist of two elements:
  • The offender took some action towards killing another person
  • The offender’s act was intended to kill a person The why or the motive for the crime is not something that the prosecution must prove.
  • \
  • I hope this helped a bit more.
Expert:  Dwayne B. replied 1 year ago.
I'm not sure why the other expert stepped in but I don't disagree that what she set forth are the elements of attempted murder but as far as the evidence it doesn't appear that they have anywhere near enough evidence to convict him of attempted murder at this point.

There must be something to tie him to the actual crime.

There is something commonly referred to as "law of parties" which means that if he did something to assist in the crime then he would be equally as guilty which sounds like what they were trying to get to with the actual criminal. Law of parties would be something like if he drove him over there knowing that he was going to commit a crime he could be found guilty.

However, with the other person stating 1) he didn't tell him to go and 2) he didn't provide the weapon, then he isn't implicated by anything you have set forth.

My guess is they charged him to try and get him to provide information or testimony against someone else.

What is his lawyer saying about this?
Customer: replied 1 year ago.

To be patient that they are going to fight these charges. Will the word of a convicted felon hold up in court without any supporting evidence? That same individual who said my bf had nothing to do with the attempted murder also said he was buying drugs from my bf yet they raided 4 different houses and found no supporting evidence of any illegal activity. The federal agent then said to my boyfriend 'were going to charge you with ghost dope' How is that legitimate at all??

Expert:  Dwayne B. replied 1 year ago.
The word of a convicted felon can be enough but it's unlikely, particularly when his lawyer will point out all of the other inconsistencies in the story. They also are going to have a hard time making any drug charges stick without having found any drugs. They have to have a chemist testify that what they found or your BF had was illegal narcotics and not something that just looked like it.

As I said, my guess is that they are either trying to get your boyfriend to take a plea or testify against someone else, they're not really going to take his case to trial.

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Dwayne B.
Dwayne B.
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Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.