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> No, you cannot be charged literally without evidence. A judge would throw the case out, and likely censure or sanction the prosecutor. Of course you can. All
by wl 8y ago
> No, you cannot be charged literally without evidence. A judge would throw the case out, and likely censure or sanction the prosecutor.
Of course you can. All that's required is someone allege there is evidence establishing probable cause. Perhaps that so-called evidence has a perfectly innocent explanation that the person making the allegations is unaware of or choses to ignore. Perhaps the person making the allegations is mistaken. Perhaps they are even lying.
And sure, lack of evidence is grounds for getting cases thrown out. However, you need to make that case first. That requires time, representation and usually the services of a private investigator. The judge is not going to make that case for you.
Even if you get baseless charges thrown out, prosecutors are very rarely sanctioned.