California Criminal Defense Attorney Blog

A recent case out of South Carolina could have big impacts on Newport Beach burglary cases that hinge on weak, circumstantial evidence.

There's nothing good about circumstantial evidence-based cases for defendants. If they've gotten to trial, that means that judges have denied motions to dismiss the charges based on the lack of evidence. This leads a Newport Beach criminal defense lawyer to them turn to a jury, who hopefully has the collective common sense to see that convictions shouldn't be handed out when the state doesn't have the proof to do so.

But while there are certainly going to be points to argue against the state's case, it's still a gamble for defendants who are facing this serious charges. Circumstantial evidence is questionable proof based on assumptions. If a person is seen nearby a place that had recently been burglarized, the prosecution may try to make a case against that person on the basis of circumstantial evidence.

In contrast, physical evidence is much more concrete than circumstantial evidence. This includes DNA proof, fingerprints, video surveillance or perhaps a possession of something that came from the house that lends credence to the idea that the suspect is somehow connected to the crime scene and the crime.

In South Carolina v. Odems, police made too many assumptions and it led to a man getting convicted and it taking years of appeals before the state supreme court overturned the convictions.

In 2005, a brown car turned into the driveway of a man's house. His cousin, not recognizing the car, began watching from across the street and eventually called police after two men got out of the car and knocked on the door. Later, one of the men put something in the car's trunk.

It drove off and the cousin attempted to follow, but couldn't keep up. Police put out alerts on the car and 90 minutes later, the vehicle was stopped by police. The driver spoke with police, while Odems and another man were inside.

When the officer discovered that the driver's license was suspended, all three men ran away. Later on, Odems knocked on the door of a house and asked the person inside for a ride. Though they didn't know each other, she allowed Odems to call for a ride. While inside, Odems told the woman that if police showed up, she should tell them they're dating. He said he was with someone who had a suspended license, they got pulled over and he didn't want to get in trouble, court records state.

As officers arrived, she refused and Odems and the two others who were in the car were arrested after found hiding in the backyard. Once police searched the Cadillac, they found several things that were identified as belonging to the burglary victim.

Odems was arrested and indicted on charges of first-degree burglary, grand larceny, criminal conspiracy and malicious injury to an electric utility system. At trial, his defense attorney moved to have the charges dropped, but it was denied. The jury convicted and he was sentenced to 15 years in prison.

An appeals court confirmed the convictions. But the state's supreme court overturned the convictions, ruling that the state's case consisted only of circumstantial evidence and there wasn't enough relevant evidence to support a conviction.