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-   -   How long can you be held for probable cause? (https://www.askmehelpdesk.com/showthread.php?t=682459)

  • Jul 13, 2012, 06:18 PM
    BrittanyM2012
    How long can you be held for probable cause?
    About two months ago, my husband was arrested on two counts of armed robbery! He was going to see a friend and he walked in on his friend robbing someone. He went to court Tuesday, and the judge told him that he is holding him only because there is probable cause! It's been two months and they have no evidence.
  • Jul 13, 2012, 06:25 PM
    ScottGem
    Has he been charged? Was he allowed bail?
  • Jul 13, 2012, 06:28 PM
    BrittanyM2012
    He hasn't been indicted yet but he was still charged with armed robbery. The judge says that it's a weak case and all the evidence is pointing towards the other guy.
  • Jul 13, 2012, 06:29 PM
    BrittanyM2012
    His bond was $120,000 but now it's $75,000
  • Jul 13, 2012, 06:34 PM
    AK lawyer
    He will be held until he either comes up with bail or the case is tried. Does he have an attorney?
  • Jul 13, 2012, 06:39 PM
    ScottGem
    The prosecutor is not letting up the judge has no choice. He's not being "held for probable cause". He was charged with a crime, arraigned and give n bail.
  • Jul 13, 2012, 06:39 PM
    BrittanyM2012
    He does have a lawyer! His lawyer thinks that he can get him off as a juvenile... But since he didn't have a weapon or threaten anyone in that nature, I was hoping that the judge could dismiss it! The witnesses said that he wasn't involved and that he ran when he saw the gun
  • Jul 13, 2012, 06:48 PM
    ScottGem
    Quote:

    Originally Posted by BrittanyM2012 View Post
    His lawyer thinks that he can get him off as a juvenile...

    He's your husband and a juvenile?
  • Jul 13, 2012, 06:50 PM
    BrittanyM2012
    He's 20yrs old.
  • Jul 13, 2012, 07:00 PM
    ScottGem
    That's not a juvenile. Not close.
  • Jul 13, 2012, 07:03 PM
    BrittanyM2012
    His lawyer said that! I thought the same thing
  • Jul 13, 2012, 07:27 PM
    Fr_Chuck
    Ok, this is the issue, I think they misunderstand what happened. For him to get in front of the judge, he had to be charged, you don't appear in front of the judge to talk about the crime.

    He was charged, he most likely asked for the case to be dismissed or plead not guilty. The judge then would have held him over for trial. The first judge he saw would have been his first appearance.

    So to be in jail for two months, and to have been in front of a judge, he would have been charged. The first judge would have been the first appearance to decide if there is enough evidence to hold him, That is what the judge ruled.
  • Jul 13, 2012, 07:32 PM
    BrittanyM2012
    Quote:

    Originally Posted by Fr_Chuck View Post
    Ok, this is the issue, I think they misunderstand what happened. For him to get in front of the judge, he had to be charged, you don't appear infront of the judge to talk about the crime.
    he was charged, he most likely asked for the case to be dismissed or plead not guilty. The judge then would have held him over for trial. The first judge he saw would have been his first appearance.

    So to be in jail for two months, and to have been in front of a judge, he would have been charged. The first judge would have been the first appearance to decide if there is enough evidence to hold him, That is what the judge ruled.

    He signed a paper for a bond reduction, and that's why he went to court. Is it possible that the case can be dismissed?
  • Jul 13, 2012, 07:56 PM
    Fr_Chuck
    There is always a chance for cases to be dismissed.

    If he signed a paper for a bail bond, that is a wavier of first appearance ( at least in GA) and next you don't get a bond if you are not charged. I think he was looking for a TV version of being charged, standing in front of the judge and having the charges read. This is often wavied by the perosn charged, most likely he did not realise what was going on.

    Opinion
  • Jul 13, 2012, 08:11 PM
    BrittanyM2012
    OK thank you for all of your help. I really appreciate it

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