Arrested please help

[justinsansotta]

What is the name of your state? OHIO

Hello, my name is Brandy and I am writing on my husband's behalf. Him and I were brought in to be questioned about $1,500.00 worth of coins and an electric guitar being stolen from my grandmother's house. The police let me go home, but they arrested him and are holding him because of the investigation even though there was no proof that he or I were in the house at the time of the crime. I was wondering if they were allowed to legally do that. Please help me thank you.

 

[I AM ALWAYS LIABLE]

What is the name of your state? OHIO

Hello, my name is Brandy and I am writing on my husband's behalf. Him and I were brought in to be questioned about $1,500.00 worth of coins and an electric guitar being stolen from my grandmother's house. The police let me go home, but they arrested him and are holding him because of the investigation even though there was no proof that he or I were in the house at the time of the crime. I was wondering if they were allowed to legally do that. Please help me thank you.

My response:

First of all, the guitar surely wasn't a Fender "Stratocaster", because that brand and model of guitar is worth about $5,000.00. So, he stole a cheap guitar, and some not-so-rare coins.

Anyway, were you still there when he was arrested, or had you already gone home?

Has bail been set yet?

IAAL

 

[CdwJava]

An arrest only requires probable cause. That is, a reasonable belief that a crime was committed and the person arrested committed the crime. This is not the same as the 'beyond a reasonable doubt' standard required for a conviction.

The arrest is almost certainly good. And until court, or your attorney obtains Discovery (i.e. he finds out what the prosecution knows), you really don't know WHAT evidence the police might have.

He needs a lawyer.

Carl

 

[justinsansotta]

I was already at home. They searched the house and took a lock box. His father and I were both told that as long as there wasnt anything pertaining to the investigation he could come home. I was already at home when they arrested him because they arrested him at the police station. He was told today that there was enough evidence to hold him at the jail but no one will tell him or me what the evidence was. They searched his car also and I was wondering if that was legal without a search warrant since he never gave them permission to do so. Thanks for the help so far everyone

 

[CdwJava]

Searching the car can be legal unde r alot of circumstances. Not knowing what the circumstances were, nobody could give an educated opinion whether it was proper or not.


And the police do not have to tell you - or him - what they found or what evidence they might have. The prosecution will have to release that info to your attorney before trial, however.

Hence the suggestion he gets an attorney.

Carl

 

[justinsansotta]

that may be how things work in california but here in ohio the last i knew the person arrested did have the right to know what they were being arrested for.

 

[CdwJava]

that may be how things work in california but here in ohio the last i knew the person arrested did have the right to know what they were being arrested for.

If he was arrested, he was booked. The charges he was booked under are what he was arrested for. That does not mean they have to show him the evidence. They just say that he was arrested for a certain type of theft, or fraud, or forgery, or whatever the charges might be.

Finding out the evidence comes later. All he has a right to know is the charges he is facing. And I can pretty much guarantee that if he is in jail he has been booked and charged.

Carl