Regarding a dismissal by prosecution, What is the difference between a finding of ” No Probable Cause” and “Not Guilty”?
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Regarding a dismissal by prosecution, What is the difference between a finding of ” No Probable Cause” and “Not Guilty”?
Asked on January 23, 2014 under Criminal Law, Massachusetts
Answers:
Stan Helinski / McKinley Law Group
Answered 10 years ago | Contributor
Huge difference--- no probable cause means that the complaint should never have issue and may allege evidence that is inadmissible without a witness. Not Guilty is rendered by a jury who find that the government has not proved all of the elements of the offense beyond reasonable doubt. Reasonable doubt is a much higher standard than probable cause. Something that is probably may be be probable beyond reasonable doubt--but something that is beyond reasonable doubt may not only be probable.
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