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DCrane Law
DCrane Law, Lawyer
Category: Criminal Law
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Experience:  Attorney
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My wife was arrested and charged with conspiracy to obtain

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My wife was arrested and charged with conspiracy to obtain and distribute prescription controlled drugs. I have since discovered that the State Attorney is running around trying to find some evidence to prosecute the charge. Isn't this backwards? It appears that the Sheriff Dept charged and arrested her without adequate evidence. Seems to be an ongoing problem in Bay County, as I have heard this from others. Please advise.
Thank you for the post, the basis to arrest a suspect and convict the suspect are not the same. To arrest and charge a suspect the prosecutor only needs a good faith basis, based on the evidence gather thus far, to find that the suspect is guilty of the charges. However, in order to successfully prosecute, the prosecutor must show beyond a reasonable doubt that the suspect is guilty as charged. The two standards are very different, and it is not uncommon for a prosecutor to continue searching for evidence to bolster the charge after the suspect has been apprehended. If at the time of trial, the prosecutor lacks sufficient evidence, her attorney can file a motion to dismiss the charges.
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