one of my friends was imprisoned with charges of intent of homicide, (bad, i know). the problem is that there was so many people, and one of them got stabbed, and was in critical conditions. After he got stabbed, my friend got to the place of occurence and then the police got there too, since he didnt know what was happening he didnt run, and the police got him and charged him. No weapon was ever found in my friends posession, no blood on him or anything to really incriminate him. hes never been involved in something like this, HELP, can they keep him in jail with no proof??
2007-08-14 09:41:20 · 9 answers · asked by ~*Pam*~ 3 in Politics & Government ➔ Law Enforcement & Police
yes they can keep him in jail. proof is not needed until trial. In KS, he would be brought before a judge for a 1st appearance (bond hearing). Then there would be a preliminary hearing where the state would have to prove a prima facia case (more likely than not) against him. Then he would have a trial by jury.
cops can arrest anyone they want really. you have the opportunity to present evidence that you didn't do anything later.
2007-08-14 09:50:22 · answer #1 · answered by hensleyclaw 5 · 0⤊ 0⤋
When did this happen? Just recently? If it just happened, more than likely they have him on what is called a "probable cause" hold. This means that they are gathering information to send to the prosecutor for their review and charges. They can and will keep him in jail until they decide when/if they are going to charge him. There is a possibility that they will release him before charging him, say, if there needs to be more investigation. This is not unusual. He will then receive a complaint by mail and have to answer the charges then.
If he has been sitting in custody for a while, more than likely they have already charged him and he is awaiting his other court hearings, including a trial. Not to discourage you, but sometimes there is more evidence than meets the eye. The purpose of the criminal justice system is to weed through the evidence to make sure they have the right guy. He will have his day in court to fight the charges.
2007-08-14 10:22:54 · answer #2 · answered by Star 6 · 0⤊ 0⤋
They will hold him in jail until they prove him innocent. I know the law says innocent until proven guilty but unfortunately it's the other way around. The best thing for your friend to do is get a good lawyer and he better have witnesses for himself and an alibi that he can prove. If the police want to be crooked they can definatly charge him with it but most of the time if they have no proof he will be released, but it may take up to a month to do so.
2007-08-14 09:58:15 · answer #3 · answered by Larry M 2 · 0⤊ 1⤋
They can until he gets a trial if he can't make the bail. Once he goes on trial the jury will hear what proof there is against him and decide if he is guilty or not. Before trial they can keep him in jail if he can't pay his bail to get out. The bail is kept so that he doesn't run beofre the trial. For his crime it is probably hundreds of thousands of dollars...
2007-08-14 09:47:40 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He will receive a trial by jury, unless he pleads guilty to a charge.
In the trial, he will have the opportunity to defend himself, and he certainly should.
If what you say is true, and there is no proof, he will be acquitted by the jury. In the meantime, unless he can post bail, he'll probably sit in jail awaiting trial.
2007-08-14 09:46:39 · answer #5 · answered by pr0ph3t1cl1v1ty 5 · 0⤊ 0⤋
They can keep him in jail until the trial or he gets bonded out. At the trial they will present the evidence they have and your friend will present his (or if he is not a moron, his lawyer will present it for him). He can then be either found guilty or not guilty.
2007-08-14 09:47:51 · answer #6 · answered by davidmi711 7 · 0⤊ 1⤋
ask to see the surveylance cameras of the place where it happened. that should show who did it. but if it was anything like my son and his incident. there wasn.t enough proof to say he didn;t do it . so they convicted him and he just did 7 years. for something he didn't do .
2007-08-14 09:51:11 · answer #7 · answered by morningstar6707 5 · 0⤊ 0⤋
Friend would not be in jail without some evidence linking your friend to the crime!~!
2007-08-14 11:02:54 · answer #8 · answered by Hunter 4 · 0⤊ 0⤋
Seems like they can keep him. What would anyone one here be able to do for you? Get a lawyer.
2007-08-14 09:46:23 · answer #9 · answered by Oldvet 4 · 0⤊ 0⤋