What proof is required to convict of theft in the absence of direct evidence?

UPDATED: Oct 1, 2022

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What proof is required to convict of theft in the absence of direct evidence?

I went to store to purchase groceries. The next day, when I went to the same store, some random stranger was blaming me for mobile phone theft saying that I was standing next to him and did it. However, he doesn’t have any direct evidence nor any eyewitnesses. What evidence will be required in absence of direct evidence to prove

theft beyond reasonable doubt and to get me convicted?

Asked on October 12, 2017 under Criminal Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Possibilities: 1) If at some point the phone was "pinged" or the "find my phone" feature used and it was shown to be at your home; 2) the phone account shows calls placed to your friends, family, workplace, etc. or texts sent to them; 3) (obviously) the phone is found in your vehicle, at your home, etc. Only evidence of this kind/quality should suffice; just that you were "there" is not enough.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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