Other Criminal Charges & Offenses brother accused of rape

[jb541]

Jurisdiction

California

My brother has been arrested & being charged with rape pc261(a)(2) rape by force & or fear. I want to know what kind of & how much evidence or probable cause does law enforcement need to arrest charge & hold someone for that crime. Can they simply just arrest u bcuz someone says this guy raped me a few days ago he threatened me I was scared is y I didn't report it..? Also he was arrested on 11/28/15 and is still in custody & going to court today 12/4/15 do u think that they may have reliable evidence or probable cause against him due to the fact that he's still locked up? Or is this maybe a precaution while they investagate..? Thanks for ur time.

 

[adjusterjack]

My brother has been arrested & being charged with rape pc261(a)(2) rape by force & or fear. I want to know what kind of & how much evidence or probable cause does law enforcement need to arrest charge & hold someone for that crime. Can they simply just arrest u bcuz someone says this guy raped me a few days ago he threatened me I was scared is y I didn't report it..?

Yes, they absolutely can arrest under those circumstances. And they can hold him for as long as it takes for his arraignment and bail to be handled.

Also he was arrested on 11/28/15 and is still in custody & going to court today 12/4/15 do u think that they may have reliable evidence or probable cause against him due to the fact that he's still locked up? Or is this maybe a precaution while they investagate..?

My guess is that he's being held pending arraignment and the delay is due to court scheduling or it could just be that he didn't hire a lawyer last Friday when he first got arrested.

Does he have a lawyer now?

If he doesn't he'd better get one and stop talking about this to anybody but the lawyer.

 

[ElleMD]

We have no idea what evidence they have, who accused him, or how strong the case against him might be. Neither do you. This is why he needs a lawyer.

 

[jb541]

I don't know if he has a lawyer I haven't talked to him in about a year. I found him in jail by accident. But would they have arrainged him with out evidence..is the fact that they r keeping him a sign to maybe they have some evidence?

 

[jb541]

Yes, they absolutely can arrest under those circumstances. And they can hold him for as long as it takes for his arraignment and bail to be handled.



My guess is that he's being held pending arraignment and the delay is due to court scheduling or it could just be that he didn't hire a lawyer last Friday when he first got arrested.

Does he have a lawyer now?

If he doesn't he'd better get one and stop talking about this to anybody but the lawyer.

I don't know if he has a lawyer I found him in jail online by accident and haven't heard from him in almost a year I'm wondering if the fact that they r still holding him and he's going to court for thee charges does that mean chances r they might have more evidence against him besides just get words. Or r words alone enough to continue charging him??

 

[adjusterjack]

I don't know if he has a lawyer I found him in jail online by accident and haven't heard from him in almost a year I'm wondering if the fact that they r still holding him and he's going to court for thee charges does that mean chances r they might have more evidence against him besides just get words. Or r words alone enough to continue charging him??

Words are evidence. So, yes, the words of the accuser could be enough to get him arrested and charged. Whether the words are enough to convict him is anybody's guess.

 

[army judge]

DNA testing can cause the doors of the jail to be opened, and the accused to be set free.

On the other hand, DNA testing can kill a lie, convict a rapist, and cause the prison population to increase by one.

 

[ElleMD]

If you haven't even talked to him in a year, you really have no way of knowing what happened or how/why he was arrested. For all you know they caught him in the act. Or someone he never even met made a verbal accusation and it is mistaken identity. We can speculate all day, but based on an arrest, all we know for sure is that he was arrested. It is impossible to ascertain if there is a good case against him, or a bad one.

 

[Highwayman]

There is no evidence presented at an arraignment - it is simply a formal presentation of the charges.

His attorney is the one who can best help him.

 

[cbg]

You may rest assured that if he was arrested, they have at least some evidence. What that evidence is or how much there is, we have no way of knowing.