What kind of evidence is needed to charge someone withdrug dealing?
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What kind of evidence is needed to charge someone withdrug dealing?
Recently a friend of mine sold to someone she did not know. However when the deal was made they did not exchange any words. Assuming it was not on camera, wouldn’t a recording be needed to prove a transaction took place?
Asked on August 23, 2010 under Criminal Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, the standard to charge someone with a crime is much lower than the "beyond a reasonable" doubt standard necessary to convict them. It is fairly easy, with any evidence to meet the standard and bring criminal charges, though later on, if the defendant fights them, evidence beyond a reasonable doubt would be required.
Any evidence that is reliable and shows that what is purported to happen did in fact happen could be used. This includes observations of physical behavior (passing over money in exchange for drugs or vice versa), physical evidence (drugs found on someone), and testimony of other witnesses to or participants in the alleged crime. There is no obligation for spoken words, whether recorded or not, to either charge or prove a crime.
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