Many people are shocked to learn that the standard for an arrest is relatively low.
CSI shows and true crime podcasts would have you think that physical evidence - fingerprints, DNA, blood spatter - are necessary elements of any crime. You would also think that in today's digital world, video surveillance would be a prerequisite to any arrest.
Truth is, none of those items are legally required. Yes, they may make prosecutors happy and may make for a stronger cast, but the law does not favor one form of evidence over another. Evidence is evidence - and the sufficiency of that evidence is for the jury to decide.
As far as whether the evidence - in whatever form it comes - establishes that a crime may have been committed, that is up to the police.
Evidence can come in the form of testimony. A person's account of what happened. Whether that account is true or not...again, that is for the finder of fact to determine. But if a patrol officer takes a statement from a witness and believes that witness's story, then the officer may place the accused under arrest.
It's that easy.
Now a case that is built solely upon the testimony of one witness is usually not a terribly strong case for the state, it does not mean for one second that the accused won't have to endure the pain and turmoil of a criminal prosecution.
In fact, many cases - namely domestic violence cases, in which the incidents usually occur behind closed doors, out of the view of independent witnesses - are entirely comprised upon the testimony of one witness.
So don't make the mistake of thinking that you can't get arrested, even convicted, without physical evidence, independent witnesses, and video surveillance.
Don't downplay the seriousness of your case just because the only evidence against you is the testimony of a witness.
All criminal cases must be taken seriously. Your freedom depends on it.
Eric Matheny is a criminal defense attorney serving Miami-Dade County; Broward County; and Palm Beach County.