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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27481
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My friend isn't guilty of the crime he has been arrested and

Customer Question

My friend isn't guilty of the crime he has been arrested and charged with, it was his spouse that committed the crime, but was not arrested at all. What is going to happen in most cases like this?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Were you a witness to this incident? If so, you need to talk to your friend's lawyer and tell him what you saw. You may be a important part of the defense of this case.
The state needs very little evidence to make an arrest. They just need a reasonable belief your friend might have committed a come. The words of a believable sounding complainant, even if he or she later turns out to be mistaken or a liar is usually enough to get the ball rolling and a defendant charged.
To convict your friend the state needs proof beyond a reasonable doubt, which is a lot more evidence. So if your friend is not guilty, he needs to plead not guilty at his arraignment, and get an attorney and fight the charges.