Monday, October 27, 2014

How long can someone be held in Jail w/o Physical Evidence? ~ Best Answer on AVVO ~

Q:    If the state attorney agreed to go ahead with the charges before the 21 days, how long can they hold him without physical evidence?  His court date is Aug 6th but only for the arraignment-they have no physical evidence. how long can they keep holding him? and he has still not been appointed a public defender! what is wrong with this system? these are human beings!




A:     Chosen as "Best Answer" by Asker on AVVO!



Licensed in FL
Michael Adam Haber

PRO

Criminal Defense Attorney - Miami, FL

Contributor Level 20

10

Lawyers agree
Answered . If he has a bond he can post it at any time. If he does not have a bond then he will need a special bond hearing called an "Arthur Hearing". He is entitled to an attorney once the charges are files (generally on the 21st day, but it could be longer than that before the charges are filed, so, in either event, he will be appointed counsel at his Arraignment)

As for no physical evidence: How do you KNOW that there is no physical evidence? There may be physical evidence that you are not aware of. Regardless of the existence of physical evidence, neither probable cause nor even proof beyond a reasonable doubt REQUIRE physical evidence. Evidence comes in many forms, physical being only one testimonial (verbal) and circumstantial evidence being examples of others.

I know that you are frustrated at the system but it does work (not always how one would like, but imagine what "justice" would look like in say, Iran, and then be thankful and appreciative that our Constitution provides rights which "he" will be - and I dare venture to say "is being" - afforded).

Feel free to take a look at the following #HaberPA VideoFAQ's which may be helpful in you understanding my answer and the system:

# 82)  How can I be Arrested when there’s No Evidence? - https://youtu.be/nKXkwYFMUsE

 # 124)  Can I be convicted without any physical evidence? - https://youtu.be/EyGhRm_NEs8

 # 125)  What are the different types of evidence? - https://youtu.be/C4tVTKMCsLU

I hope that it works out well for you and him.
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At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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