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If they have only a suspicion and no evidence then they can interview you voluntarily or under caution, then charge you. If, based on your consideration of the evidence, you are firmly convinced that the defendant is guilty of the crime charged, you must find him guilty.States against the defendant Mustapha Maisonneuve. A caution is not a conviction. The Miranda Warning is all about questioning and being protected from self-incrimination under the Fifth Amendment, not being arrested. Unspent convictions or cautions. A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime. Exercise increased caution in Costa Rica due to crime. Exercise increased caution due to crime. Criminal activity and violence may occur throughout the state.