I hope someone out there can help my family and I, as we've never been in a situation like this before. A family member was arrested for a crime, hauled off to jail without being told the charges until after 20m in an interview room. About 20m after that he was mirandized (sp?). 5 days later bail was reduced from a multi-million dollar bond to $50k (a whole other story). He was released to his parent's home with a monitoring device.
That was about 6 weeks ago. About 2 weeks after the initial arrest, on the day of the grand jury indictment hearing, the hearing was postponed. To date, no reschedule date has been determined.
A few questions (and again, thanks to anyone who takes the time to try and provide any answers):
[*]Can someone be hauled off in handcuffs from their home without being told why (other than a search warrant which he did not get to see - one of his roomates was shown it, but not allowed to read it)?
[*]Can they be physically detained for that kind of time without being told why, and then subsequently mirandized?
[*]Is there a limit, i.e. 90 days, that the prosecution team has to present evidence to the grand jury?
[*]If the evidence isn't presented in whatever that time frame is, do the charges get dismissed?
[*]To date, this family member and the attorney have not been presented with the evidence used to execute the search warrant and the arrest. As we understand it, that doesn't have to be disclosed to them at the grand jury hearing either?
[*]That basically means that any exculpatory evidence they have can't/won't be presented until a formal trial is convened?!
[*]That would mean that if there is any evidence that would likely dismiss the charges, there wouldn't be any opportunity to present it nor to plan for an offense based on whatever the prosecution is holding until it goes to trial - unless the defense and prosecuting attorneys can agree to get together?
By that time however, the alleged accused has now been victimized because of the scandal and libelous media coverage - life on hold, career ruined, held in his own home, limited to who he can see or talk to (which is infinitely better than being in jail). Even if (WHEN!) charges or dropped, or if it does go to trial, an acquittal or not guilty charge is returned the damage is already done. At that point, is there any remedy to penalize those who filed the charges out of spite?
What a mess. We appreciate the laws are there to protect the victim and due process, and that it isn't a perfect system. But in this case, the defendant is not an "alleged" person because they have already been tried in teh court of public opinion. In our, albeit limited to this incident, experience there has been absolutely no evidence of "innocent until proven guilty". He's imprisoned in his home, has no idea on when he'll hear the evidence against him, and when he can resume his once-promising career and his life.
Again, thanks to all who take the time to provide insight.
That was about 6 weeks ago. About 2 weeks after the initial arrest, on the day of the grand jury indictment hearing, the hearing was postponed. To date, no reschedule date has been determined.
A few questions (and again, thanks to anyone who takes the time to try and provide any answers):
[*]Can someone be hauled off in handcuffs from their home without being told why (other than a search warrant which he did not get to see - one of his roomates was shown it, but not allowed to read it)?
[*]Can they be physically detained for that kind of time without being told why, and then subsequently mirandized?
[*]Is there a limit, i.e. 90 days, that the prosecution team has to present evidence to the grand jury?
[*]If the evidence isn't presented in whatever that time frame is, do the charges get dismissed?
[*]To date, this family member and the attorney have not been presented with the evidence used to execute the search warrant and the arrest. As we understand it, that doesn't have to be disclosed to them at the grand jury hearing either?
[*]That basically means that any exculpatory evidence they have can't/won't be presented until a formal trial is convened?!
[*]That would mean that if there is any evidence that would likely dismiss the charges, there wouldn't be any opportunity to present it nor to plan for an offense based on whatever the prosecution is holding until it goes to trial - unless the defense and prosecuting attorneys can agree to get together?
By that time however, the alleged accused has now been victimized because of the scandal and libelous media coverage - life on hold, career ruined, held in his own home, limited to who he can see or talk to (which is infinitely better than being in jail). Even if (WHEN!) charges or dropped, or if it does go to trial, an acquittal or not guilty charge is returned the damage is already done. At that point, is there any remedy to penalize those who filed the charges out of spite?
What a mess. We appreciate the laws are there to protect the victim and due process, and that it isn't a perfect system. But in this case, the defendant is not an "alleged" person because they have already been tried in teh court of public opinion. In our, albeit limited to this incident, experience there has been absolutely no evidence of "innocent until proven guilty". He's imprisoned in his home, has no idea on when he'll hear the evidence against him, and when he can resume his once-promising career and his life.
Again, thanks to all who take the time to provide insight.
