pls help

new jersey.... my boyfriend got in trouble a couple weeks ago for "conspiracy to burglary"... yet there is no proof.. he was in front of a 7/11 which was open at the time and they found a pair of automachanic gloves on him and have dropped the charges to disorderly persons.... they have no evidence of him being anywhere yet still want to persue with charges.. what is a mature way to tell a judge that there is no proof so there is no case?

The DA has the oppotunity to make their case based on whatever evidence they have. After they have rested thier case, the defense gets a turn.

"Your honor before we proceed I'd like to offer a motion to strike."

-That means you are asking the judge to look at the prosecutions case to examine if they have met the burdens of proof. Each crime has certain criteria that must be met for it to be prosecuted. If the prosecution doesn't answer all the questions through direct address, then the case can be thrown out.

If the judge agrees that the prosecution has at least answered all of the points he'll deny the motion and the defense gets to put up their case.

there is no evidence which was already said. only evidence is that there was mechanic gloves on the person. its apparently burglary to construction sites, but they haven;t found anything to support it. were not getting a lawyer as its not leaving munincipal court

srut said:

new jersey.... my boyfriend got in trouble a couple weeks ago for "conspiracy to burglary"... yet there is no proof.. he was in front of a 7/11 which was open at the time and they found a pair of automachanic gloves on him and have dropped the charges to disorderly persons.... they have no evidence of him being anywhere yet still want to persue with charges.. what is a mature way to tell a judge that there is no proof so there is no case?

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There is no need to speak to a judge. His attorney should be in touch with the prosecuting attorney.