Many people believe that to be arrested or charged with a crime, law enforcement must have overwhelming proof of guilt. However, that isn’t always the case. In Florida, including in places like Panama City and Panama City Beach, the legal standard for bringing criminal charges is relatively low compared to what’s required for a conviction. If you or someone you love has been charged with a crime, understanding how evidence works—and what it takes for prosecutors to file charges—is essential.
At The Sombathy Law Firm, we help clients throughout Bay County make sense of the criminal justice process from arrest to trial. This includes helping them understand what constitutes “enough” evidence and how to fight back when the system moves too quickly or unfairly.
The Standard for Being Charged: Probable Cause
To be charged with a crime, the government doesn’t need to prove that you are guilty beyond a reasonable doubt. Instead, they must show probable cause. This is a much lower standard and means there is a reasonable basis to believe that:
- A crime has been committed, and
- The person being charged likely committed that crime.
Police officers typically determine probable cause, and in some cases, a judge will review the arrest or evidence to confirm it exists before charges are filed. However, probable cause can be based on limited information, such as:
- A witness statement
- A police officer’s observations
- Circumstantial evidence
- Video footage or forensic testing
- Statements made by the suspect
Even if this information turns out to be inaccurate or misleading, it may still be enough to support an arrest or criminal charge—at least initially.
From Arrest to Filing Charges
In many cases, someone is arrested on suspicion of a crime before formal charges are filed. Once the arrest occurs, the State Attorney’s Office will review the available evidence to decide whether to proceed with prosecution.
Prosecutors are not bound by the arresting officer’s recommendation. They may choose to:
- File formal charges
- Modify the charges
- Decline to file charges at all (known as a “no file”)
Their decision is based on whether they believe there is sufficient admissible evidence to move forward and eventually prove the case in court.
Important Note:
Being charged is not the same as being convicted. Probable cause is enough for an arrest, but prosecutors need proof beyond a reasonable doubt to convict you at trial.
Types of Evidence That Can Support Charges
Charges can be based on a variety of evidence, including:
- Physical evidence: Drugs, weapons, clothing, or any items related to the alleged crime.
- Eyewitness accounts: Statements from people who claim to have seen what happened.
- Police observations: Officer reports, including things they saw, heard, or smelled.
- Surveillance footage: Videos from homes, businesses, or police body cameras.
- Confessions or admissions: Things the accused said to police or others.
- Forensic evidence: Fingerprints, DNA, toxicology results, or phone data.
Even a single piece of evidence—like one person’s accusation—can sometimes be enough for an arrest or charge if it appears credible at first glance.
How a Criminal Defense Attorney Can Challenge the Evidence
Just because someone is charged doesn’t mean the case is strong. At Sombathy Law Firm, we examine every aspect of the prosecution’s case and challenge weak or unconstitutional evidence. Common defense strategies include:
- Suppression of Evidence: If police obtained evidence illegally (without a warrant or probable cause), it may be thrown out.
- Witness Credibility: We investigate the background and motivations of any witnesses. Inconsistencies in their story can cast doubt on their claims.
- Chain of Custody Issues: Evidence must be properly collected, stored, and documented. If the chain of custody is broken, the evidence could be inadmissible.
- Insufficient Evidence: In some cases, we argue that the state simply doesn’t have enough proof to meet the burden of probable cause or reasonable doubt.
Our goal is to get charges dropped, reduced, or dismissed wherever possible—and to protect your rights every step of the way.
What You Should Do If You’re Charged
If you’ve been charged with a crime in Panama City or Panama City Beach, it’s vital to act quickly. Don’t assume the system will correct itself or that the truth will automatically come out. Prosecutors are trained to pursue convictions, and they will use every tool at their disposal.
At The Sombathy Law Firm, we’ve successfully defended clients in a wide range of cases—from misdemeanors to serious felonies—and we’re ready to fight for you. Contact us today for a confidential consultation.
