What Is Probable Cause And How Important Is It In A Criminal Case?

In both the civil and criminal legal systems, probable cause is an important facet that must be present for legal action against someone to be taken. In civil courts, probable cause is used to file a suit with the best chances of being successful, and in the criminal court system, probable cause is required for an arrest, charges, and prosecution.

It is essential to understand what probable cause is and how it works. Concerning criminal matters, the probable cause could be the difference between being arrested and tried for crimes or not. If you were arrested in Florida, you need aggressive and sound legal counsel on your side to help you protect and preserve your rights and freedoms. The Orlando criminal defense lawyers at Joshi Law Firm, PA, can do just that. With extensive experience helping individuals charged with crimes defend themselves and secure the most favorable outcome, the legal team at Joshi Law Firm, PA, has your back and can help you with your case.

 Probable Cause and Criminal Cases 

Simply put, probable cause in criminal cases is when there is enough evidence to believe that a crime was committed. This belief is one that any other reasonable party would also come to. Probable cause in criminal cases is not a high standard, but when it is demonstrated, law enforcement can arrest. Also, when the probable cause can be shown, the prosecution can continue with a case and take an arrested individual to trial.

For example, let’s say the police are called to your home for alleged domestic violence. If the police get enough information from witnesses, the alleged victim, and the crime scene, they may believe that it is very likely you committed some type of abuse against another party, and you should be arrested. Then, when the prosecution reviews your case, they may also have probable cause that you committed an abusive crime, and as a result, they will continue with charges, and you will have a trial date set.

By contrast, if in the same situation as above, the police do not have sufficient evidence to believe a crime was committed, they will likely not arrest. Or, if they do make an arrest, the prosecution may come to different conclusions, and if probable cause does not exist, a case can be dismissed.

In a criminal case, it must be shown that the defendant is guilty beyond a reasonable doubt to secure a conviction. Now, that is a high standard to meet to get that guilty verdict. However, arresting a person and charging them under the probable cause standard is a much lower bar and much easier to meet.

 Speak to a Criminal Defense Attorney in Florida Today 

Due to the adverse life implications that can result from an arrest, working with a criminal defense attorney is essential. In Florida, the Orlando criminal defense lawyers at Joshi Law Firm, PA, can help you determine the right defense strategy to secure the most optimal results. Potentially, you were the victim of malicious prosecution, or there was another weakness in your case that could be to your benefit. The attorneys at Joshi Law Firm, PA, know what to look for to help you overcome your charges. Call today at (407) 661-1109 to schedule a free consultation.

Source:

flsenate.gov/Laws/Statutes/2022/Chapter775