QUESTION
Can I be indicted and sent to jail if there was no evidence?
Asked on May 21st, 2013 on Personal Injury - Maryland
More details to this question:
I was blamed for macing a child. I got arrested never got my Miranda rights said to me and they never found any mase or proof that I did anything. I'm being indicted.
6 ANSWERS
It would be a very stupid police officer who did not give you your Miranda rights. You would not be charged unless they have some evidence that you committed a crime. You need to speak to a criminal defense attorney.
Answered on May 24th, 2013 at 1:19 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In order to be indicted, there must be some evidence, like the testimony of the kid you maced. You have been watching too much CSI. The prosecutor does not need hard evidence to convict. And as for Miranda rights, that only works if you made statements that incriminated you. If you didn't or the prosecutor is not going to rely on them, then it doesn't matter.
Answered on May 24th, 2013 at 1:02 AM
Ronald A. Steinberg
If you win the case, you may have a claim against the accuser for malicious prosecution or abuse of process.
Answered on May 24th, 2013 at 12:57 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You need to post this question on the criminal forum.
Answered on May 24th, 2013 at 12:27 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Ask your lawyer, that's why you have one.
Answered on May 23rd, 2013 at 11:55 PM
Airplane Crash Litigation Attorney serving Towson, MD
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Retain a competent criminal attorney promptly.
Answered on May 23rd, 2013 at 11:54 PM