Can a jail hold an inmate on charges with no evidence to show for the case? 17 Answers as of February 17, 2013

My brother was arrested on armed robbery charges with no evidence, they charged him because a supposed witness said my brother was involved and clearly, I am not understanding if there is no evidence why is he being held in jail specially with a high bail.

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If a person says that anther committed a criminal act, THAT IS EVIDENCE. Stop watching CSI and similar ilk. BTW, that person;s statement at trial , if believed by the jury, is enough to get a conviction.
Answer Applies to: California
Replied: 2/17/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
You may assume that there is no evidence, but apparently the police have another opinion. Retain a good criminal attorney to handle the case and get the best possible disposition.
Answer Applies to: New York
Replied: 2/17/2013
Randy M. Lish, Attorney at Law | Randy M. Lish
The testimony of a witness is evidence. Obviously, you do not believe the witness, but it is a matter for a judge or jury to determine such credibility.
Answer Applies to: Utah
Replied: 2/14/2013
Rizio & Nelson
Rizio & Nelson | John W. Bussman
It sounds like there IS evidence. If a reliable witness SAW your brother commit the crime, then that would be considered evidence. Of course, I have no idea how strong the case is because I don't know what the witness claims to have seen and how good of a look he got at your brother. The jury will ultimately have to decide whether or not the witnesses identification of your brother is strong enough to sustain a conviction.
Answer Applies to: California
Replied: 2/13/2013
Tager Law Firm, P.A. | Robert Tager
Yes the jail can hold someone in jail. The procedure is that when your brother was arrested the police wrote an arrest affidavit. After his arrest, your brother probably appeared before a judge within 24 hours. That judge would have reviewed the arrest affidavit and determined whether there was probable cause. If the Court finds there is probable cause then they will set the bond and the person will remain in jail until they bond out or the case is resolved. Your brother needs to speak to his attorney or public defender and find out what type of evidence they have. His attorney will get the discovery after charges are filed and he has been arraigned.
Answer Applies to: Florida
Replied: 2/13/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    He is being held, because the victim told police he or she was robbed, and the supposed witness provided the police with evidence of who committed the robbery. There is evidence. There is no videotape and confession, which is what you may be looking for.
    Answer Applies to: Georgia
    Replied: 2/13/2013
    William L. Welch, III Attorney | William L. Welch, III
    The testimony of a single witness, if believed beyond a reasonable doubt, can be sufficient to convict somebody of a crime and send him to prison.
    Answer Applies to: Maryland
    Replied: 2/13/2013
    Hamblin Law Office | Sally Hamblin
    The charge generally has a high bail attached. The witness is their cause and possible evidence. Due to limited information that is all that can be advised. He needs to keep silent, exercise right to attorney.
    Answer Applies to: Michigan
    Replied: 2/13/2013
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    No person is supposed to be held in a case where there is no evidence that he or she committed a crime. There are safeguards to try to protect against that. In example, within a few days after his arrest there should be a preliminary hearing. At this hearing the prosecutor must present evidence to show that there is probable cause that your brother was involved. Evidence does not have to be things like fingerprints or photographs; it can include witness testimony. So, the evidence against your brother may be the testimony of a witness. The witness could be wrong or lying, but it is still evidence that must be dealt with. Please tell me that you have helped your brother fnd a lawyer. Plenty of innocent young men go to prison.
    Answer Applies to: Georgia
    Replied: 2/13/2013
    Universal Law Group, Inc. | Francis John Cowhig
    Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. If there is a witness, there is evidence. If you have not done so already, I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him or her all of the facts surrounding your brother's arrest. He or she would then be in a better position to analyze his case and advise you of his options.
    Answer Applies to: California
    Replied: 2/13/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Obviously, this witness has provided sufficient evidence to give the police probable cause to believe your brother was involved in some way or another, in the commission of this crime, otherwise, they would not be charging him.
    Answer Applies to: Illinois
    Replied: 2/13/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    There has to be some evidence or else they couldn't have charged him. You may not think the evidence is good evidence or enough evidence, but there must be some evidence. Even if it is just someone saying that he did it, that will be enough for charges. Whether thats enough for a conviction is another story. Have a lawyer review the case against him as soon as possible to find out what his best options are and how strong or how weak the case is. Armed robbery is a very serious offense with severe penalties.
    Answer Applies to: Michigan
    Replied: 2/13/2013
    Henry Lebensbaum | Henry Lebensbaum
    That is evidence.
    Answer Applies to: Massachusetts
    Replied: 2/13/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The persons statement IS EVIDENCE. So they are holding him on evidence.
    Answer Applies to: Michigan
    Replied: 2/13/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The witness statement is evidence, and, coupled with your brothers own incriminating statements, is more than enough for a conviction, much less bail.
    Answer Applies to: California
    Replied: 2/13/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Yes, they can charge and hold him.
    Answer Applies to: Nebraska
    Replied: 2/12/2013
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    You misunderstand what evidence is. You said another person told the cops that your brother was involved. Thats evidence. Fingerprints, DNA, etc. are neither required nor involved in most criminal cases. The credibility of the witness is another issue one that will be explored by your brothers attorney.
    Answer Applies to: California
    Replied: 2/13/2013
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