Burglary, Arson, Home Invasion Someone Please Help!!!!!!

[amarobin76]

Ok, last week I was arrested while I was at work. The officer took me to our local police dept. to be questioned. A sgt. took me into a little room and said that a complaint was filed on me for burglary of building. I'm already in hysterics and he said that and I was crying even more hysterically. Then he told me the address of the place I alledgedly burglarized and it is a place I worked at about a week and a half before this happened. My leaving this job was a mutual agreement between me and the mgr. The sgt asked me who the guy is that was with me and I told him I haven't a clue. He then said that they have a video of the whole act. The sgt. said the guy went in and got money and then I supposedly went in and he said I poked my head up enough to be caught on camera. The problem is its not me on that video. I asked the sgt if I could see the video and he said no. I repeatedly asked and he said no. I told him that its not me and I didn't do it. He kept asking who the guy is. I told him I still don't know. He then said this interview is over and I was trasported to the county jail. The thing I have working against me is that I am on probation right now for something I got caught up in and wasn't thinking at the time it happened. But, before I was even charged with anything I was questioned and the detective who questioned me showed me all evidence against me without hesitation. I have a 1 1/2 years left to go on a 2 year sentence. I am a single mom who took a wrong direction in life but now I am trying to get my life straight. Also, I got a copy of the complaint and it says "on or about July 24" is when this burglary took place, but gives no time. And, it says the "mgr, who has no criminal history" is the one who id'd me on the video. So, I have a few questions and if anyone can answer them or just give some advice I would be forever in debt!!! Questions: Is it possible that the DA has already taken the complaint before the Grand Jury for indicment and the Grand Jury said no to an indictment? Next, is there a law that keeps me from viewing the supposed video? Since I'm on probation and I get formerly charged my probation gets violated and revoked; but when I go to court on this and I am found not guilty is my probation still violated? Why wasn't I questioned before a warrant was issued and I was arrested? And, how come it took 2 months before a complaint was even filed(this supposedly happened on July24 and the complaint/warrant was issued on Sept.24)? Can the judge, Grand Jury, jury just take my ex-mgr. word that its me on that supposed video or does the DA have to have more evidence to hand down an indictment/????? Please help ASAP, I don't know how much time/ if any I have before I don't know!!!!!!!!!!!!!!!!!!!!!Thnx

 

[CdwJava]

Is it possible that the DA has already taken the complaint before the Grand Jury for indicment and the Grand Jury said no to an indictment?

Anything is possible.

Next, is there a law that keeps me from viewing the supposed video?

Probably not. But, there is no law requiring them to show you the video during your interview. However, your attorney can obtain a copy of the video as part of discovery prior to trial.

Since I'm on probation and I get formerly charged my probation gets violated and revoked; but when I go to court on this and I am found not guilty is my probation still violated?

Possibly. That's something that may be between you and your probation officer. There could be an issue other than the alleged criminal charge that might be sufficient for the violation. If all they have is the new crime, it might depend on the status of this law in your state and the nature of any reason the matter gets dismissed or you are acquitted.

Why wasn't I questioned before a warrant was issued and I was arrested?

No one here can answer that. I can guess, but it would be nothing more than a guess.

And, how come it took 2 months before a complaint was even filed(this supposedly happened on July24 and the complaint/warrant was issued on Sept.24)?

Another question no one here can answer. Again, I can guess, but it would be a shot in the dark.

Can the judge, Grand Jury, jury just take my ex-mgr. word that its me on that supposed video or does the DA have to have more evidence to hand down an indictment/?????

An indictment (whether it be by grand jury or based on probable cause) requires a relatively low level of proof. An indictment is much easier than a conviction. The manager's statement and the video might be enough to get an indictment, but they might be insufficient for a conviction.


- Carl

 

[amarobin76]

Thank you for your help. I do have another question, can I get a court appointed attorney even though there is no indictment? If so, how would I go about doing that? Is there a time limit on how long they can leave me hanging? Like before they decide to indict me or drop the charges? And, can this go to court without an indictment? Thanks so much!!!!

 

[seniorjudge]

Thank you for your help. I do have another question, can I get a court appointed attorney even though there is no indictment? If so, how would I go about doing that? Is there a time limit on how long they can leave me hanging? Like before they decide to indict me or drop the charges? And, can this go to court without an indictment? Thanks so much!!!!

There must be a charge against you before we have to chip in and buy you a lawyer.

There is GENERALLY about a one year time period within which the government has to file charges; lots longer if there are serious charges involved.

 

[amarobin76]

Thank you. Should I call the sgt. who questioned me and issued the complaint/warrant and aske him again if I could view the video. I want to view for multiple reasons, the main one being to show that its not me on it. Also, shouldn't they have taken fingerprints of where I supposedly went in the building? I worked there so my prints would be inside but for no reason should they be on the back of the building which is where I supposedly went in. I'm really scared and angry that one person statement, whether true or false, can determine someone's freedom or lack thereof. Also, once I am found not guilty, if it goes to trial, can I bring a civil suit against my former employer? Can it be that there is no video and they just said that to scare me? Thank you

 

[CdwJava]

Thank you. Should I call the sgt. who questioned me and issued the complaint/warrant and aske him again if I could view the video.

You can certainly ASK.

Also, shouldn't they have taken fingerprints of where I supposedly went in the building?

It depends on the theory of the crime. If you used to work there, what would the presence of your fingerprints prove? After all, you used to work there!

I worked there so my prints would be inside but for no reason should they be on the back of the building which is where I supposedly went in.

I guarantee that a defense attorney would come up with an explanation.

I'm really scared and angry that one person statement, whether true or false, can determine someone's freedom or lack thereof.

I'm sure it's more than that. From what you believe it is his statement AND a videotape that supposedly shows YOU committing the crime.

Also, once I am found not guilty, if it goes to trial, can I bring a civil suit against my former employer?

You can sue anyone for anything. However, unless you can show that the employer fingered you knowing it was not you, you don't stand much of a chance of prevailing at trial. I doubt an attorney would take that case unless you ponied up the money up front ... a surer sign of a dog of a case.

Can it be that there is no video and they just said that to scare me?

Could be. But they'd be foolish to arrest you without any corroborating evidence or testimony.

- Carl

 

[Green_Hornet]

Contact a criminal attorney now,if their is some kind of evidence involved.

 

[amarobin76]

I know if I could just view the video, I can prove that its not me. The reason I'm scared is cause my probation might get revoked. I know for a fact that its not me on that video, unless they did some type of altering. I know most, if not all, video surveillance has time and date on it. But at no time what so ever in this life have I entered that building when it was closed. The only time I did enter it was to go to work or pick up my paycheck or buy food or something. I just don't know how to go about proving that. And it scares me that the sgt. said "all I need is video of SOMEONE that looks like me and SOMEONE to say that it is me". What do I do?????

 

[CdwJava]

I know if I could just view the video, I can prove that its not me.

Fortunately for you, you do not have to PROVE it's not you - the state would have to prove it was. If the resolution is too indistinct to prove anything, and they have no other good evidence, then the case may never go.

What do I do?????

If charged, you get a lawyer.

- Carl

 

[Green_Hornet]

Thank you. Should I call the sgt. who questioned me and issued the complaint/warrant and aske him again if I could view the video.

No...........

 

[amarobin76]

So, they would still have to prove its me, even though my previous manager said it was? They wouldn't just go on her word? If they need more than her word then that would be an answer to my prayers!!!!

 

[CdwJava]

So, they would still have to prove its me, even though my previous manager said it was? They wouldn't just go on her word? If they need more than her word then that would be an answer to my prayers!!!!

IF there is a video tape, they would present that to a jury. A jury would then decide if the person on the tape looked like you or not.

If the manager had no other proof and only THOUGHT it was you, then there is no good case and I can't imagien the DA going forward.

But, if the manager SAW you or had some other evidence indicating it was you, then they might go ahead.

- Carl

 

[amarobin76]

Could anyone maybe give me a ballpark figure on how much a lawyer would charge me just to get the video? Or should I just wait to see if I get indicted before going/talking to an attorney? I know a lot of attorney's offer free consultations, but I need more than a consult I'm just not sure how much more. The ones I have talked to charge a flat fee to start on my case and then another flat fee if it goes to trial. I'm a single mom and can't afford $5000 to hand over. I know it would be worth it I just don't have that kind of money. Thanks for everyone's input, it has helped more than you know!!!!!!!!!!!!!!!!

 

[CdwJava]

Could anyone maybe give me a ballpark figure on how much a lawyer would charge me just to get the video? Or should I just wait to see if I get indicted before going/talking to an attorney? I know a lot of attorney's offer free consultations, but I need more than a consult I'm just not sure how much more. The ones I have talked to charge a flat fee to start on my case and then another flat fee if it goes to trial. I'm a single mom and can't afford $5000 to hand over. I know it would be worth it I just don't have that kind of money. Thanks for everyone's input, it has helped more than you know!!!!!!!!!!!!!!!!

The low end out here would probably be about $1,500 for a retainer. It's kind of a coin toss whether you need one or not. But, getting one might help put the matter to bed because he or she could poke and prod and find out where things are going ... could happen with a phone call or two.

That might be worth the piece of mind.

- Carl

 

[amarobin76]

Thank you so much. Yes that is a small price to pay for piece of mind. That would be a lot easier to come up with than $5000. I'm gonna see what I can do about finding a lawyer to do some poking and proding. If you have anymore advice and/or comments please let me know. THANK YOU TO EVERYONE WHO HAS RESPONDED. You have given me the ability to sleep tonight!!!!!!!!!!!!

 

[amarobin76]

ok. I'm back. Should I go ahead and call my bondsman to pre-arrange a bond for if it goes that far? If there has to be more evidence than just my ex-mgr. word that its me on the supposed video, then I have nothing to worry about. I know its not me, I know there isn't anymore evidence that they could possibly have, because I didn't do it. On the other hand, I didn't think I could be arrested for something I didn't do either. My probation officer said it might be a good idea to call ahead. Also, if for some un-thinkable reason this goes forward, and my probation gets violated and a warrant issued, will they show up at my job again? I guess its been a few days, and I need some more re-assuring from ya'll!!!!!!!!!!!!!!!!!Thank you