Can I be arrested without evidence against me?

Criminal Defense Attorney and Winner of The Charlotte Observer’s 2013 Best Charlotte Lawyer Award Brad Smith of Arnold & Smith, PLLC answers the question: Can I be arrested without evidence against me?

Questions: “Can I be arrested without evidence against me?”

Brad Smith:

You cannot be arrested without evidence.

In order to be arrested for a criminal offense a police officer must have probable cause. Probable cause is a legal standard less than reasonable doubt.

It’s when a police officer has developed a case to the extent that a reasonable, cautious police officer would believe the accused to be guilty.

That is sort of the quick and dirty definition of what probable cause is.

But it boils down to the fact that in order to be arrested for a criminal offense there has to be evidence, there has to be some level of evidence that would lead a reasonable, cautious police officer to believe the accused guilty.