Question:

Trial court - judge's decision?

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If you plead not guilty to a crime and go to trial, it is one person's word against anothers, there is no physical evidence at all and the police can only state the facts like showing up to the call and the interviews (in other words, the police did not see anything to concur w/ the complaintants story), how does the judge rule on the case?? Doesn't there have to be more evidence than one person's word? If that is all there is, will it be dropped or will the judge rule in favor of who ever they believe?

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  1. This boils down to an issue of credibility; whether the witness or defendant is more believable.  Issues of credibility are left to the tryer of fact (the jury in a jury trial or the judge in a bench trial).  Bottom line, in a criminal case it must be proven, by the prosecution, beyond a reasonable doubt- this means that the testimony given by the witness must be credible enough and provide enough information as to make the tryer of fact believe beyond a reasonable doubt.


  2. Most likely the DA would not move forward with a case unless they think they can win. A few credible witnesses would work.

  3. trials go forward on both side presenting all thier evidence, jurors decide the truth and the judge does the sentencing

  4. when you plead not gulity,and your case goes to trial jurors are selected to hear your case.The jurors will hear testomony from the officers that responded and 1st on the scene, they will also here from any witnesses that may have been there at the time of the incident. They will come to a decision and find you either guilty or not guilty of the charges against you. If you are found guilty of the charges brought against you, the jude will determine the sentence.

  5. who ever they believe..this is why many a person has after being in prison for many years been found through DNA or other evidence to be innocent

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