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Is it legal to be wrongfully charged and put in jail and…

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is it legal to be...
is it legal to be wrongfully charged and put in jail and then they go and get evidence to take to trial.
Submitted: 8 years ago.Category: Criminal Law
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Answered in 1 hour by:
1/5/2010
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,307
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If the police have probable cause to make an arrest they can lawfully do so and that is all the DA would need to press charges. Probable cause is a reasonable belief that a crime might have been committed and that a defendant might have have something to do with it.

They don't need much evidence to arrest anybody, so if they have probable cause and a reasonable belief that there's more evidence where that came from, there is nothing necessarily unlawful about what they've done.

._____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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