A friend was arrested for residential burglary and wasn't interviewed by a detective and conviction was based on he said she said by alleged victim there was no physical evidence ,witnesses nor was the alleged victims property on my friends possession and the alleged victim let my friend in home can friend fight this
Not sure what you are asking about "chains of command".. Can your friend be convicted on testimony alone? Yes... They believed the victim more. The friend does not need to be interviewed. Your friend provbably had an attorney and unless there is an issue for appeal, you friend has a conviction.
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While it is not clear exactly what the question is, if the evidence in a serious case like a residential burglary is weak, the DA, ethically, has an obligation not to file such a case. That said, if the evidence is "he said, she said" the DA has to believe he or she can prove the case beyond a reasonable doubt. The DA files cases, police do not.
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Do you mean "chain of command?" The police are not required to interview the suspect before making an arrest. It's not really clear what happened here, but what is clear is that your "friend" needs to retain an experienced criminal defense attorney to fight this. Of course he *can* fight it, the question is will he succeed? That depends on the skill and experience of his San Diego County criminal defense attorney. Your friend needs to seek out a consultation sooner rather than later. Most of us here on AVVO offer free initial consultations.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
Many are arrested and convicted on what they say. It appears here that what he said and what she said was enough for a conviction. Many don't take the trial phase as serious as they should because they have a misconception that if they are convicted they will be able to appeal and everything will work their way despite that less than 10% of convictions are overturned.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
You question is somewhat confusing. Police have no legal obligation to interview someone before making an arrest. Based on your description, there apparently was sufficient evidence to arrest and obtain a conviction. Also, the police to not file criminal cases, that is a decision made by the district attorney. At this point, you need to take advantage of a free consultation offered by most criminal attorneys. Use Avvo or Google to look up a local lawyer and clearly explain your situation. Good luck.
A question best asked to your friends attorney as they should (key word) know more about your friends case than a stranger on the internet.
For better or worse people get convicted daily in San Diego based on "he said she said" type cases. That's why hiring a quality, experienced, criminal defense attorney ALWAYS makes the most sense when accused of a crime.
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