01/09/2026
Cass County Attorney Ben Lindstrom discusses why someone can be arrested for a crime but not convicted of it:
The legal system uses a variety of standards when it comes to how much certainty there must be before government action can be taken. One can think of it as a continuum of certainty, with some actions requiring less certainty and others requiring more.
Generally, the more permanent the action is, the more certainty is required. For example, an arrest without more is measured in hours or days and only requires law enforcement to have probable cause to believe a person has committed a crime. A conviction, on the other hand, can have lifelong consequences and requires the County Attorney’s Office to meet the much higher standard of proof beyond a reasonable doubt.
How does one measure these standards? Unfortunately, there are no mathematical formulas or numerical probabilities. Instead, the law attempts to use words and concepts to convey what these terms mean.
The probable cause standard requires that there be a “fair probability” or “reasonable grounds” to believe that a crime has been committed. Put another way, probable cause exists if, under the totality of the circumstances, the objective facts observed in light of an officer’s training and experience, create an honest and strong suspicion that the person arrested committed a crime.
Proof beyond a reasonable doubt is the highest standard of certainty used in any legal proceeding. The law defines it as such proof as ordinarily prudent people would act upon in their most important affairs. A reasonable doubt is a doubt based upon reason and common sense. It does not mean a fanciful or capricious doubt, nor does it mean beyond all possibility of doubt. Essentially, all reasonable alternative explanations for the crime must be eliminated before a person may be convicted.
Thus, law enforcement can legitimately arrest someone when they have probable cause to believe a crime has been committed, but that same person might not be convicted for that same crime when the higher level of certainty is lacking.
