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Circumstantial Evidence Questions

Circumstantial evidence relates to the evidence from which guilt has to be inferred. It allows a judge or the jury to make logical and reasonable assumptions about facts from which they conclude whether or not the accused is guilty. Different types of circumstantial evidence are admissible in the court of law and in many cases no specific testimony is required. Circumstantial evidence definition can be relative and there are many legal questions that may arise regarding the many types of circumstantial evidence. Some of the most common questions relating to the circumstantial evidence law have been answered legal Experts.

What is the difference between circumstantial evidence and collaborating evidence?

Circumstantial evidence is anything that proves or disproves a fact in a dispute through inference. Where as evidence that reinforces the case and has already been presented is known as corroborating evidence.

Can a person be convicted on circumstantial evidence

Circumstantial evidence is proof used to establish or connect existence or nonexistence to gain a conviction especially when direct evidence isn’t available. However many times a person cannot be held guilty based only on circumstantial evidence unless the state proves intent of the crime. If the intent of the crime can be established through the circumstantial evidence a person can be convicted of the crime.

Is circumstantial evidence on adultery enough to deny a wife maintenance and legal costs when a divorce is filed in Texas?

In most cases the law regarding circumstantial evidence in Texas gives you the right to argue against maintenance and other legal charges. In such a case you need to prove that your partner had committed adultery which shall give you the rights as an innocent spouse in the case. Pictures, testimony of neighbors etc. can be used to prove the adultery charges against your former partner. However, adultery laws vary from state to state and evidence of adultery may not affect the case one way or the other.

What happens if the circumstantial evidence is based on personal bias?

It is unlikely that in a case where circumstantial evidence is solely based on personal bias will stand much merit in the court. If such a case has been filed in most cases the defense can cite personal bias and the case could stand to be dismissed for lack of direct evidence.

What happens if a fabricated case is filed based on circumstantial evidence?

In you have been falsely charged based on circumstantial evidence you could deny the charges when the law enforcement agencies such as the police come to investigate it. It most cases based on lack of definite evidence the case could be closed. If the case reaches the courtroom you should hire the services of an experienced attorney and plead ‘not guilty’.

To summarize circumstantial evidence is an amalgamation of evidence which would need inference or conclusion to prove a truth. It doesn't establish guilt or give rise to an inference of guilt. Circumstantial evidence and laws relating to can vary from state to state and often be difficult to understand for an average person. If you are planning to file a case based on circumstantial evidence or is facing a case in the court of law it would be ideal to ask an Expert who specializes in circumstantial evidence law.
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Recent Circumstantial Evidence Questions

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    Roger - My pro se complaint claims that CNA tortiously interfered with my underlying lawyer to wrongfully terminate ("kill") our action against another CNA insured lawyer and therefore resulted in financial benefit to CNA.

    one of CNA's defenses against this tort is: yes, we told your lawyer not to go forward with your action (which he did simply by not responding to a court order, but he did not withdraw), and plaintiff cannot prove CNA's tortious intention to harm plaintiff for CNA financial benefit (CNA argues it had other legitimate reasons for interfering)
    Roger - isn't there a legal saying or "rule" that a tortious motive to harm Plaintiff is self-evident or prima face because the interference resulted in financial benefit to CNA, and that the actual hard evidence of “intent” is not necessary. the consequences speak for themselves to satisfy the element of "intent to harm" and damage to plaintiff for the tort?
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  • Wha Jan 15, 2014 Complaint Redraft Progress fyi TABLE OF

    Wha

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    TABLE OF CONTENTS
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    NATURE OF ACTION ............................................3
    PARTIES .....................................................3
    JURISDICTION.................................................4
    FACTUAL ALLEGATIONS..........................................6
    FIRST CAUSE OF ACTION: Viol of Fin Inst Ref Reco Enf Act....23
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    I went over to a somewhat friends apartment. Actually its a girl friend on mines boyfriends apartment. I spoke to them early in the evening and was told that I could drop by. A few hours later I stopped by their apartment but was on the phone for like 30 min talking in the car. After I was done I got out and went and knocked on the door. There was no answer so I left passing a couple of guys on the way out of the breezeway. I got in my vehicle and left. Now this was about 12:30 on a Saturday night in an apartment complex. With people coming and going.
    Anyways I received a call a short time later from the police stating that they had my wallet. I must have dropped it when I got out. Then they start accusing me of lighting firecrackers in the hall down from there door. I said I went there and knocked and left I cant tell you nothing about the firecrackers cause it wasnt me. They said they got a few calls and someone saw me...excuse me, a white male running out of the breezeway. Im thinking BS. I wasnt really keeping track of time and the officer asked me what time I was there I said Man I dont really remember maybe 10 10;30. Oh Yeah he says then why is your wallet bone dry cause it had been misting on and off all day. I said cause it hasnt really been raining. Anyways he was trying to trip me up on the time issue. He also had talked to my friends boyfriend and he said Yeah sounds like him Hes a prankster. But told the officer we were friends. Anyways I said are you going to take a warrant out for me and he said no not now cause all he has is cercumstanial evidence and doesnt have probable cause. He said but I am going to turn it over to the investigators and they are going to pull your cell locations and if they see Im lying in any way they will take a warrant for Criminal Trespass and Disorderly Conduct. I said What! I was asked to come over. And all I did was knock on a door and leave I said you dont have nobody seeing me light no firecracker cause it didnt happen. He said well we are going to do a police line up to. I said Whatever. He said we might arrest you for stalking to. Stalking Who? My friend! Anyways He said Ill get a call from a detective who will probably have me come in and do an interview. I really dont talk without an attorney present. I know he was recording my conversation when he called But I didnt do nothing wrong. At the time this happened I was in a 30 min phone call with another friend. I will say I am on probation for misc Farud. And have violated once already which was not my fault. I did 6 months jail for violating then went to court and the charges were dismissed. They really need to change that law. You shouldnt do any time until ur convicted. Not throw you in jail and put a hold on you. Im so scared I didnt do this I dont want to go back to jail again over another false claim. Im just now getting my life back together. Do you think they have a case? Should I contact my PO? I mean do you think they are going to go through getting phone records and all for a couple of Misdameanors? Please let me know Thanks
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