Can you get charged with terroristic threatening with no evidence?

My mother made a police report
saying I called and threatened her
but, I never called her. I have two
prior violent offenses. So will
they be able to charge me without
evidence?

Asked on December 19, 2018 under Criminal Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Your mother's testimony--the report she made, and what she is willing to say in court--is evidence: you can be charged and potentially even committed based on another person's testimony without "hard" (e.g. documentary, recordings, photographic, etc.) evidence. The issue is: is her testimony credible (believable) enough? To charge you, it just has to provide probable cause--basically, be more believable than not. To convict you, it would have to convince a jury "beyond a reasonable doubt." You can provide your own contrary testimony and evidence to undercut her claim: for example, if she claimed you called her on a certain date and your phone records show you did not, that makes her testimony much less credible.


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