Circumstantial Evidence

There are two types of evidence in a criminal trial: direct evidence and circumstantial evidence. 

Both direct and circumstantial evidence carry equal importance in a criminal case. Direct and circumstantial evidence are presented to the court by the defense and the prosecution in an attempt to prove their version of the facts in question. 

For a defendant to be convicted of the charges against him/her, the prosecution must present direct and circumstantial evidence to the court proving beyond a reasonable doubt each element of the crime in question. 

Direct Evidence

Direct evidence can include:

• The physical evidence of a crime
• Documentary evidence (recorded evidence of a crime on video, audio, or another reliable source)
• Witness testimony that includes first hand knowledge of the crime in question. 

In some criminal cases, the direct evidence in a case will be sufficient to prove that a person is guilty or innocent of the charges against them. 

Because most criminals are careful not to generate any direct evidence during the commission of a crime, courts often rely on circumstantial evidence to determine the facts of a case. 

Circumstantial Evidence

Circumstantial evidence is any indirect evidence of a fact that helps to establish the guilt or innocence of a defendant through reasoning. 

Circumstantial evidence is the result of combining seemingly unrelated facts that, when considered together, infer a conclusion that supports a litigant’s version of the facts.  The inference provoked from circumstantial evidence must flow logically, reasonably, and naturally from the facts presented. 

Criminal prosecutors often rely heavily on circumstantial evidence to prove their case.  Civil cases are often based solely, or primarily, on circumstantial evidence, particularly in cases involving liability.  

Some legal experts would even argue that circumstantial evidence could carry more weight in a case than direct evidence. 

Defend Yourself Against Circumstantial Evidence

The presentation of circumstantial evidence is a skill that legal professionals must use effectively in order to successfully convince the court of their argument.  If circumstantial evidence is presented unlawfully or illogically, the prosecutor may fail in convincing the judge or jury of the facts of the case. 

Direct and circumstantial evidence must prove beyond reasonable doubt the guilt of a criminal defendant in order to elicit a conviction.  There are also situations where circumstantial evidence may be considered inadmissible in a case.  Circumstantial evidence based on hearsay or obtained unlawfully is generally not be admissible as evidence in a case. 

Contact A Skilled Attorney

The laws regarding both direct and circumstantial evidence are complex and can vary by case.  A defense attorney knows the laws applicable to your criminal case.  S/he can collect the evidence in your favor while finding ways to discredit the evidence presented by the prosecution.  If you would like to learn more about circumstantial evidence, please contact us to speak with a qualified and experienced attorney in your area.