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Can they keep you arrested without any evidence at all?

Pharr, TX |

In July of last year my boyfriend was arrested because he was accused of aggravated robbery. Till today they have not found any evidence that connects him to the robbery and all the evidence they do have has nothing to do with him. I want to know if they can still keep him there even if he's not guilty and why they haven't released him yet.

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Attorney answers 3


We encounter this question often. The usual explanation is that what you think of as evidence and what the law regards as evidence are not the same thing.



They showed photos and a video where they claim it was him but it wasn't, and all they have is the accusers word.

Joshua Sachs

Joshua Sachs


Yes, and under the law that is not only evidence, it is sufficient evidence to charge, and moreover it is, if believed by the jury, sufficient evidence to convict. Plenty of men are doing in time in prison on the uncorroborated word of a single accuser.

Cynthia Russell Henley

Cynthia Russell Henley


Excellent observation, Mr. Sachs.


The police have to have probable cause to make an arrest. That means there's at least some evidence. If he hasn't been indicted, he's entitled to a PR bond and you should talk to his attorney about that. If he has been indicted, that means a Grand Jury has also found probable cause in the case. If you're at this stage, unless he's willing to take the State's offer, he's going to have to set his case for trial. If you can't post the bond, he will be in custody until trial. If you're not happy with the court-appointed attorney, you're always free to retaib counsel. I believe I've covered the process.

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What Ms. Jaggers says about a person being held on the agg robbery without indictment and more than 90 days has passed being entitled to bond is generally correct. There is at least one important exception. There must be no other holds ont he person for which the required time in jail without indictment has not passed. The actual statute, Texas Code of Criminal Procedure Article 17.151, speaks in terms of the a amount of time the prosecutor has to get ready for trial. Without an indictment, the prosecutor simply is not ready.

Whether there is enough evidence can be challenged by an examining trial is there has not been an indictment (or an "information" if the defendant waives the right to have the grand jury look at the case.)

Otherwise, whether there is enough evidence is an issue taken up at the trial of the case.

By now, your boyfriend ought to have been appointed a lawyer if he has not hired one. The questions you ask here are ones he might want to ask his attorney.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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