It is the most common question that clients ask whether they can bring a case to the court without any evidence. Especially for domestic violence cases, there exists no or less evidence against the fault party.
However, you can still bring the case to court, and the law allows you to do that. However, you have to prove the guilty against the defendant in court. Otherwise, the case will be dismissed.
Let’s know a little more about it.
Table Of Contents
Is it possible to bring a case to court without evidence?
The law aims not only to punish the guilty but is to prevail on justice essentially. Hence, a judge can get over multiple criminals to save an innocent. The statute of limitations Canada allows you to take a specific time to file the case and prove the party guilty. If you can’t do that otherwise, the case will be declared null and void by the court.
Therefore, you can still file a case without any evidence, but that doesn’t prove the other party guilty. You must submit enough evidence to the court and prove the party guilty. Unless, the judge or the court can declare the defendant’s party innocent.
In this context, we can quote from the Universal Declaration of Human rights (article 11).
That being said, a person is innocent unless s/he is proven guilty. The process of getting the proof takes place nowhere but in the court.
So, yes, a case can bring before the court even if there is no evidence, but that isn’t sufficient to prove any party guilty.
To better understand, let’s know how a case proceeds through the court.
How does a case go through the legal system?
Below are the phases that make a person stand before the court as an accused one.
Arrest
After an event takes place, usually, a law enforcement agency engages in the investigation of the case. Most of the time, they are the local police.
Suppose it’s about a vehicle driver under the influence. Once the police suspect the person, find them involved, or come by any warrant on their name, s/he is arrested by the police.
Appearance at the court
Within 24 hours of arrest, the police bring the person before the court unless released. There, the court determines the person as a defendant and informs about the charges. The charged person then can have a lawyer on his/her defence.
Preliminary Hearing
In this stage, the judge hears the testimony from the witnesses presented by both the prosecuting lawyer and the defendant’s lawyer. The judge also then comes by evidence, if there is any.
If the convicted person appears to be ‘probably guilty’ by the evidence, they are sent to the superior court for trial at a specific date.
Arraignment
This stage is in between the preliminary hearing and trial. A defendant is determined as guilty or not guilty. There is also another term, ‘no contest.’
In a not guilty plea, the judge gives a trial date. If it’s a guilty plea or no contest, the judge sets a date for the defendant’s sentence will be announced.
No contest is the stand of a defendant that they neither accept the charges nor deny. What is more interesting is there is no resistance from them regarding the punishment sentenced. The legal term if it is Nolo contendere.
Trial
Going to the trial is the right of a defendant. In this process, the judge or jury determines who is guilty. Both sides give their opening statement. If it’s a criminal case, the prosecutor speaks first.
The judge and juries consider the factors below before they come to a final conclusion-
- If the defendant had involvement directly or indirectly with the crime
- If there was any intention to commit the crime
- Whether each part of the crime is true, note that there are different parts of a crime.
Last Words
As the case can’t go on without proof or evidence, the answer to the question ‘Is it possible to bring a case to court without evidence?’ is Yes.
But, there’s always the chance the criminal can escape within the gap of the law. Also, the victim should hire an experienced lawyer. The same goes for the person who is convicted wrongfully.