QUESTION
How is it legal to throw someone in jail over hearing what someone said without any evidence?
Asked on Apr 07th, 2014 on Criminal Law - California
More details to this question:
My brother is being accused of child molestation and it is being said it happened in my home. I know this is not true. Is it legal to throw someone in jail over hearing what someone said?
7 ANSWERS
Words = the best evidence in the world!
Answered on Apr 10th, 2014 at 9:41 PM
Adoptions Attorney serving Lansing, MI
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If the police and prosecutor find the testimony credible, they will file charges and have the person arrested. That does not mean that it will be bound over for trial or that they will prevail at trial, however. These are very serious charges and he should be represented by an experienced criminal defense attorney.
Answered on Apr 10th, 2014 at 9:41 PM
Michael J. Breczinski
If someone says to the police that something happened then they can start a case.
Answered on Apr 10th, 2014 at 9:41 PM
James Edward Smith
In that type of case- yes.
Answered on Apr 10th, 2014 at 9:41 PM
An allegation by a credible witness is probable cause to arrest a person. If the case goes to trial, it is up to the jury to say if the evidence proves the defendant is guilty.
Answered on Apr 10th, 2014 at 9:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Get him a counsel immediately. All such cases starts with an accusation, which leads to arrest and potential jailing and possible bail. All that before being proven guilty.
Answered on Apr 10th, 2014 at 9:41 PM
3 Awards
DA's say these things happen in private with no physical evidence and so we have to just trust the child. I do not subscribe to that. The main thing is that your brother get a lawyer, not talk to police, not talk about the facts on the jail phone and hope the system works. If he can afford a private attorney that knows how to try these cases, it is worth it. If not, the PD's do a pretty good job most of the time. With these cases, a big part of the defense has to be discovering the motive to lie on the part of the child or someone convincing the child to say the lie. Do not trust the police or DA's to find the truth - they think they already have it.
Answered on Apr 10th, 2014 at 9:41 PM