Property Invasion, Damages, Trespass Can you be charged with a crime without any evidence?

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jadiana

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My brother and an ex-girlfriend have a dispute over a vehicle. He bought the car for her to use and she was supposed to pay him for it. They parted ways, she never paid.

One night, the car was damaged. Her family reported to the police that they heard a large truck and a crash. When they went outside, the car had been pushed forward into another car and into their garage. The car in question had only minor damage, a scuff on the bumper, but no paint from the other vehicle other any other clues.

She of course, pointed the police at my brother. When they spoke to him later that night, he denied it, and even had an alibi, as he was with his ex-wife that evening. They checked his truck and there was no damage to it, nothing that could imply his involvement.

Two days later, they came and arrested him. Two felony counts, for the damage to the car and the garage. Felonies because the damage was over $500.

He got a lawyer at that time. They took a statement from his ex-wife, who swore that he was with her that night. My brother always took a lie detector test and passed it.

And yet, the judge on the case moved to take this to trial.

So, explain to me how this is legal? Isn't this all based on hearsay? This is no different than if I went to the police and said, "Hey, see this dent in my car, well I heard a big truck last night and woke up to find this dent. I know my neighbor has a big truck and he's angry at me about my dog barking, so I think it's him."

I didn't think that the law was supposed to work that way. Also, TEN YEARS for felony vandalism? TEN YEARS? Are you kidding? Even were my brother guilty, equating this incident with a penalty that requires ten years of his life is insane. How in the world is this fair, reasonable or justice?
 
Do you know what evidence the state has? I suspect they have something, perhaps even a witness statement, if they are going forward with this. So, unless the judge is a complete moron, there almost certainly exists probable cause to believe that a crime was committed and that your brother committed the crime ... could be that they shot a hole in his alibi - that might be enough to do it.

He'll have to wait and see what they have against him at trial.

- Carl
 
So, explain to me how this is legal?

The police do not need evidence to arrest someone, they only need reasonable suspicion. The exact terminology varies by state.
 
If the evidence is weak the prosecuter will most likely drop it. He dosent want to mess up his conviction rate. Don't take the plea bargin!
 
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