If you’re facing false accusations and are worried about the accuser pressing charges, you may be wondering, “Can someone press charges without proof in Louisiana?” At The Law Offices of Ossie Brown, our criminal defense lawyers cover what’s required to file criminal charges, what happens to the defendant if someone presses charges without sufficient proof, what a prosecutor must prove in a criminal case, and how Louisiana’s criminal law guides legal proceedings.
While anyone can make false accusations about criminal activity to a police officer or even file a police report, actually pressing charges and moving forward with criminal charges requires more than witness statements from one private citizen. For a police officer or prosecutor to actually bring charges, they need enough evidence to justify probable cause, meaning there must be a reasonable suspicion of the criminal act.
Pressing charges for a criminal offense is a serious matter. If you’re worried someone will press charges without evidence or sufficient proof against you, call (225) 343-1111 to schedule a free legal consultation with an experienced criminal defense attorney. Our Baton Rouge criminal defense attorneys have decades of experience providing legal counsel for criminal cases, and a skilled attorney can help ensure that you, as a falsely accused person, understand your legal rights in these unique circumstances.
Can Someone Press Charges Without Evidence in Louisiana?
While the to answer the question, can someone press charges without direct evidence or circumstantial evidence, is yes. In Louisiana, pressing charges without sufficient evidence is unlikely to result in prosecution. Almost anyone can make false accusations to a police officer or file a police report, the district attorney’s office typically requires some form of evidence to pursue criminal charges and work towards an arrest warrant. A prosecutor cannot build a case on false accusations, and requiring sufficient proof helps ensure the accused person doesn’t face legal proceedings unnecessarily, as everyone is innocent until the prosecutor can prove they’re guilty.
Below are the different types of evidence needed to file criminal charges in Louisiana.
Direct Evidence
Direct evidence directly links the potential defendant to criminal activity without needing inference or assumption. When someone presses charges, direct evidence provides straightforward proof, making it easier for the district attorney to prove the defendant was guilty beyond a reasonable doubt in legal proceedings.
Direct evidence can include witness statements from those who saw the crime occur, a recording of the criminal activity, medical records showing the victim’s and/or perpetrator’s injuries, or other evidence directly linking the accused individual to the criminal charges.
Testimonial Evidence
In Louisiana, testimonial evidence involves any statement given under oath at trial and can play a significant role when someone presses charges. This can include witness statements, expert testimonies, or even statements made by the defendant since acts of self-incrimination can be used against them if the state presses charges.
Typically, testimonial evidence includes witness statements from a private citizen recounting the criminal activity they observed, which can be key when pressing charges in Louisiana.
In serious criminal cases or criminal charges involving significant offenses, expert witnesses also testify, explaining what they know and how it relates to the criminal case. The district attorney’s office may press charges without physical evidence if strong testimonial evidence supports the allegations.
Physical Evidence
In Louisiana, physical evidence directly connects the potential defendant to the crime. This can include weapons, fingerprints, or DNA, and it often plays a crucial role in court. This is critical when the state needs to press charges without other evidence because it can be scientifically analyzed to support claims.
In most criminal cases, this is enough evidence for police officers to have the person arrested for the alleged criminal offense.
Circumstantial Evidence
In Louisiana, circumstantial evidence refers to indirect evidence that implies a person committed a criminal act based on the circumstances rather than directly proving it. For example, if a police officer finds the suspect’s belongings at the crime scene, this circumstantial evidence can lead the prosecution to press charges without witness statements.
Louisiana law permits circumstantial evidence to be used in trial. When combined with other evidence or facts, it can serve as sufficient evidence for a conviction if it proves the case beyond a reasonable doubt. The judge and court, not the police officer, assess whether this is strong enough to uphold an arrest and move forward with prosecution.
Documentary Evidence
In Louisiana, documentary evidence refers to any type of written or recorded material presented in court to support criminal charges. This includes contracts, letters, medical records, emails, official records, photographs, videos, and other tangible items that provide information relevant to a criminal case. Louisiana law allows this to help establish facts directly or indirectly, playing a crucial role in proving the defendant was guilty or innocent in court.
Reasonable Suspicion vs Probable Cause
Reasonable suspicion and probable cause differ in the level of proof they require and often are tied to being detained vs arrested in Louisiana.
Reasonable suspicion allows a police officer to briefly detain or investigate a person if they have a specific reason to suspect involvement in a criminal offense. This could be based on an observable behavior or other specific facts but doesn’t require hard or direct evidence.
In contrast, probable cause is what a police officer needs to make an arrest, obtain an arrest warrant, or for the state to press charges. Probable cause means there is sufficient evidence that would lead a reasonable person to believe a crime has been committed.
In both cases, a prosecutor must still prove the defendant is guilty beyond a reasonable doubt to secure a conviction at trial.
Common Criminal Charges That Only Require a Police Officer to Have Probable Cause in Louisiana
Police officers can press charges against alleged offenders without the victim’s consent for a number of crimes. Here are examples where probable cause is enough to warrant pressing charges in Louisiana.
Drinking and Driving
Drunk driving is the criminal act of driving with a BAC of over 0.08% (in most cases). Since this is such a serious matter, a police officer merely needs probable cause to suspect drunk driving in order to bring charges against the person.
If you have been accused of driving under the influence, contact our Baton Rouge DWI attorney team for a free legal consultation.
Public Intoxication
Criminal cases involving public intoxication fall under “disturbing the peace” or disorderly conduct in Louisiana. Generally speaking, being drunk in public and disruptive in public is evidence enough for police to press charges against someone for public intoxication.
If you have been accused of being drunk and disorderly, contact our Baton Rouge drunk in public lawyers to discuss your options.
Disorderly Conduct
Disorderly conduct occurs when someone disrupts the peace or behaves in a manner that puts others at risk of harm. If a police officer finds someone behaving in a disorderly manner, they can bring charges against that person.
If the state is pressing charges against you, our Baton Rouge disorderly conduct attorneys can create a solid defense, giving you the best possible outcome in the criminal case.
Resisting Arrest
In Louisiana, resisting arrest or preventing police officers from completing their job is illegal. Since the person resisted being arrested in front of the police officer, they typically always have probable cause to press charges. If you have been accused of resisting lawful arrest, our Baton Rouge resisting arrest lawyer group can help aid you through the defense process.
Disturbing the Peace
Disturbing the peace occurs when a person causes a major disruption or poses a risk to safety in publice Police only need probable cause to arrest and press charges on someone for disrupting the peace in Louisiana.
If you’ve been accused or the state is pressing charges against you, our Baton Rouge disturbing the peace lawyers can provide experienced legal representation.
Domestic Violence
When asking, “Can someone press charges without proof?” it’s typically in relation to domestic abuse.
In cases of domestic violence, in certain cases, a person does not need substantial physical proof if there’s enough probable cause to believe a serious crime was committed.
For example, if police respond to a call and observe signs or hear witness statements about the altercation, this can be enough probable cause to press charges against the accused person.
In Louisiana, a prosecutor can proceed with the criminal case even without the victim’s consent, relying on circumstantial evidence collected by police and witness statements.
A private citizen suffering abuse can file a police report, but it’s ultimately up to the prosecutor to decide if the accused will face court proceedings. If the court finds enough proof, a conviction can lead to jail time and other penalties, with the judge determining the final sentence based on the severity of the offense.
If the other person presses charges or the prosecutor decides to take the criminal case to trial, our Baton Rouge domestic violence lawyer team can investigate the circumstances surrounding the incident and provide skilled legal counsel to ensure your legal interests are protected.
Common Criminal Charges That Require Physical Evidence for an Arrest Warrant in Louisiana
Under Louisiana criminal law, there are also several types of criminal activity that require physical evidence and an arrest warrant for police to bring criminal charges against the person. The following are examples.
If you’re facing criminal charges in Baton Rouge, contact our criminal defense attorney team to schedule a free legal consultation.
Drug Possession
Generally speaking, a police officer will typically need to gather physical, direct evidence to secure an arrest warrant for illegal drug possession. This often includes the drugs themselves or illegal drug paraphernalia found on or near the suspect and can be sufficient proof for possession or intent to possess an illegal drug.
If you’re facing criminal charges for illegal drug possession, our Baton Rouge drug possession lawyers can provide skilled legal representation to ensure your legal rights are upheld in your criminal case.
Theft Crimes
Theft crimes typically require physical evidence, such as stolen property, receipts, or surveillance footage linking the suspect to the alleged crime. To issue an arrest warrant, police must present enough evidence to reasonably believe the individual unlawfully took someone else’s property.
If you’re accused of a theft crime in Louisiana, our Baton Rouge theft attorney group can provide you with experienced legal representation to protect your legal interests against the alleged crime.
Violent Crimes
For violent crimes like assault or homicide, a police officer must have real, tangible evidence—such as weapons, DNA, or injuries on the victim—for a judge to issue an arrest warrant, as an eventual conviction for these serious crimes can lead to life in jail. If you’re facing criminal charges, our Baton Rouge violent crime attorney team can help you understand your legal rights as a defendant and provide skilled legal counsel to minimize the chance of conviction.
Weapons Charges
Generally speaking, police need direct evidence of an illegal firearm or weapon to pursue weapons charges. For a judge to issue an arrest warrant, police typically need to recover the weapon or other physical proof, like ballistics or fingerprints, that ties the suspect to the weapon or a serious crime.
A Baton Rouge gun crime attorney on our team can ensure you understand your legal rights as a defendant, negotiate with the prosecutor, and provide experienced legal representation in court.
How a Louisiana Criminal Defense Attorney Can Create Reasonable Doubt
A prosecutor must prove you were guilty beyond a reasonable doubt in all criminal cases. If you’ve been accused or if someone is pressing charges against you in Louisiana, our criminal defense attorneys can create doubt in the minds of the jury, if your criminal case goes to trial.
Since the prosecution has the burden of proving that the accused committed the crime beyond a reasonable doubt, which is a very high standard of proof, our criminal defense attorneys can create alternate circumstances that create doubt, help protect the defendant against self-incrimination, and work to question any indirect evidence tying the defendant to the crime.
We can also negotiate with the prosecution in some cases in order to minimize the effects of a guilty plea in many cases.
If the prosecution does not have sufficient proof or sufficient evidence to clearly prove the accused committed the crime, the jury cannot find the defendant guilty of the crime they have been accused of in court.
If someone presses charges against you or if you’re being accused of criminal activity, our attorneys have extensive experience creating this doubt by scrutinizing every aspect of the evidence—examining witness credibility, exposing inconsistencies, and challenging procedures followed by police. Our attorneys will defend your legal interests and ensure that you are able to seek justice in your criminal case.
Baton Rouge Criminal Defense Attorney
If someone presses charges against you in Louisiana, one of the Baton Rouge criminal defense attorneys at The Law Offices of Ossie Brown can help you through your criminal case. A skilled attorney can investigate the circumstances surrounding the alleged offense, advise you of your legal rights, and guide you through any following legal proceedings.
We believe that everyone deserves a fair trial and the opportunity for a skilled criminal defense. Whether you’re dealing with misdemeanor charges, felony accusations, or any other criminal matter, our skilled attorneys are here to guide you through every step of the process.
Call (225) 343-1111 or contact us online to schedule a free legal consultation with us.
