Once you've been arrested, can they keep you in jail even if there isn't any evidence?

Asked almost 5 years ago - Columbiana, AL

My fiance was arrested for rape. The girl has changed her story several times. There was no evidence at all. A rape kit was done and came back NO semen found. He was offered a plea of 5 years probabtion. Can the charges be dismissed and how long could that take if they do dismiss the case?

Attorney answers (1)

  1. Howard Woodley Bailey


    Contributor Level 20

    Answered . The level of proof neded to charge is probable cause. This requires enough proof to establish a reason to believe that a crime was committed and that your fiance did it. The issues of recantation can be argued as a basis to reduce bail while the case is reviewed by the State to determine whether to continue with the case. These issues need to be discussed with your fiance's lawyer to determine what the prosecution's position is in regard to the disposition of the charges. As to how long this takes, it is my experience here in NJ that a prosecutor may need frequent reminders of the fact that someone is in custody and asserting their innocence, and that the prosecution needs to decide whether to take the case to trial or dismiss. Otherwise, the decision-making time period seems to get extended. Good luck.

    I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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