Juvenile Felony B&E, Thieft of Firearm

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zimmy

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My neice has been arrested (no bail, allowed to go home with parents) with the
above charges. She has been to court for arraignment and is facing another
court date on 12/14. She has a lawyer now (did not for arraignment or arrest)

This is a bizarre situation involving the complaintant (neice's sister's ex-boyfriend),
who filed police charges and his next door neighbor who "saw" the break-in and
the color of car, but did not call police or get a license plate number. Ex-boyfriend
showed neighbor a picture of my neice and hence the police charges. He has verbally
said he was dropping the charges but the detective on the case says he must appear
in person before the dirstrict attorney to do this. He is supposedly in de-tox for the
next 3 weeks, and during the course of this situation, has changed his story many times regarding the break-in and even offered to drop the charges to my sister-in-law
if they paid him $5,000.

The detective said there was a fingerprint at the site, and my neice voluntarily went
to the station to give a fingerprint. The detective pulled her into a room over the
objections of her mother and tried to intimidate her into admitting she was guilty.
He also told her that the witness was in the next room and had identitied her. She only cried and said she did not to this. We frankly don't believe the detective about either the existance of the fingerprint or the witness identification from the next room. I think he can lie to us--right?

He also called our other neice and said if she would go back with him, that he would
drop the charges. She refused and he threatened her over the phone. She got a restraining order against him and filed charges for communicating a threat.

Apparently, the fingerprint was not a match, but the arraignment did find cause for the
trial.

My questions are: It seems to be a he said, she said with the witness, can my neice
be found guilty of this based on that? To my knowledge there is no other evidence other than this witness.

The accuser is a serious drug user & dealer, and we think the break-in was possibly one
of his clients. He has called numerous times with different stories about this--at one point he said his ex-girlfriend was also there, but she was at work and many follks saw her.

In short, he seems like a not-so-good accuser with probable revenge motives against
the family.

We thought it would go away, but this has seriously affected my neice and we are becoming frantic over the whole thing. This is crazy, any advice anyone could give would be GREATLY appreciated!!
 
She can be convicted if the jury believes the witness who says he saw her.

What happened in court yesterday?
 
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