In every legal case, regardless of the type of case, evidence is necessary.
So this leads to the question: what is evidence?
Basically, there are two types of evidence from which a judge or a jury (depending on the type of case) can properly find the truth as to the facts of the case.
One is direct evidence, such as the testimony of an eyewitness. So, an example of direct evidence would be if you were looking out a window high above the ground and you see smoke rising outside the window, that would be direct evidence that there is smoke outside.
The other type of evidence is indirect evidence, which is also known as circumstantial evidence. Inferences may be drawn for this type of evidence if it is reasonable and logical. So, for example, if you were looking out a window high above the ground and you see smoke rising outside the window that would also be circumstantial evidence that there is a fire of some sort below the window.
The law makes no distinction between direct and circumstantial evidence, but simply requires that the jury find the facts in accordance with a preponderance of all the evidence in the case, both direct and circumstantial.
Both direct and circumstantial evidence are permissible evidence and each type should be treated equally.
If you or a loved one is injured due to the fault of another or is arrested it is important that you consult with an experienced personal injury attorney or an experienced criminal defense attorney, as the case may be, as soon as possible. An experienced attorney will advise you on a variety of issues you may not fully understand and can also help ensure that all important evidence, direct and circumstantial, is properly documented and preserved.
For more information do not delay! Contact Attorney Jim Miron at 203.339.5991 or through the contact link on this page. Jim is experienced in both personal injury and criminal defense. As always, the initial consultation with Jim Miron is free and no obligation to you.