What proof is required to convict of theft in the absence of direct evidence?
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What proof is required to convict of theft in the absence of direct evidence?
I went to store to purchase groceries. The next day, when I went to the same store, some random stranger was blaming me for mobile phone theft saying that I was standing next to him and did it. However, he doesn’t have any direct evidence nor any eyewitnesses. What evidence will be required in absence of direct evidence to prove
theft beyond reasonable doubt and to get me convicted?
Asked on October 12, 2017 under Criminal Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Possibilities: 1) If at some point the phone was "pinged" or the "find my phone" feature used and it was shown to be at your home; 2) the phone account shows calls placed to your friends, family, workplace, etc. or texts sent to them; 3) (obviously) the phone is found in your vehicle, at your home, etc. Only evidence of this kind/quality should suffice; just that you were "there" is not enough.
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