View Full Version : How long can they hold him with no evidence


mrsla061509
11-15-2009, 11:59 PM
hi i was just wondering if anybody knew how long the state has to find evidence on somebody to convict them of the crime? my husband is already in jail serving time but all they have is word of mouth that has him in there. is there a time limit that they have to find evidence to keep him in there or no??

skandelous'wife
11-17-2009, 08:14 PM
If I remember correctly from when my husband was convited, there is a time limit as long as he doesn't sign away his speedy trial rights, my husband was the idiot that signed his away and he sat almost a year before they were set to go to trial when he jis accepted the plea against his wishes for me and his mom! Don't quote me but I do believe there a time limit to taking them to trial on a charge... their not necessarily convicted until their found guilty!

mrsla061509
11-17-2009, 11:12 PM
thank you. yeah my husband has been in for a little over 3 months so far. and so far he's been getting continuances. and usually for continuances they're asked for by state or the defendant. and his last court hearing it was stated that both him and the state continued it because they still didnt have any new evidence. and the crime they're trying to convict him for happened over 6 months ago and they still dont have anything. basically all they have is here say.

PhilB
11-19-2009, 03:24 PM
The original arrest is based on PC (probable cause). This will keep him in jail for 72 hours. If no charges are filed by the prosecutor by then, he must be released. He should not even bail out during this time because he'll end up signing a continuance. He should resist any continuance and demand a speedy trial. Now they have 60 days to start a trial with the evidence they have if charges are filed. In a complicated case the prosecutor will release the person rather than lose the case.
The police do not need to arrest him right away. They can drag it out for a year for a misdemeanor and five years for a felony. Sex offenses can now be filed for juvenile victims until they reach 28 yrs of age.
If he is held past 72 hrs without any charges filed or being arraigned in court he must be released. If still held in custody he will need to file WRIT with the Federal District court for holding him in violation of his constitutional rights.

mrsla061509
11-20-2009, 12:27 AM
thanks phil. basically he's been in for a little over 3 months now. and they filled out paperwork for a speedy trial. and i think what the paperwork says. im not sure cuz im new at this. but i think by the paperwork its stating that because its a speedy trial if they dont have any new evidence by march 12, 2010 then they have to dismiss with prejudice and let him go...am i understanding this right or no?? please help. it would be greatly appreciated.

LadyBabyJoker
11-20-2009, 12:46 AM
So my friend's husband was in Spokane County Jail on 6 premeditated attempted murder charges the only evidence they had was someone saying the shooter was a tall black man in a white shirt. My friend's husband was a short black man and there was A LOT of people at the party including a lot of other black men. Anyway he was held for OVER a year with no evidence. He's not the only one who was in on charges like that where there was some b.s. and they shouldn't be in there. It's lame, I know... In fact I met a couple visiting their son while I was visiting my boyfriend, their son, nephew and a few of their friends were held from 04/08 till 01/08 when they went to court and the day of court the prosecuting attorney changed the date and they didn't have s**t for evidence! Another mom I met visiting her son, he was mentally challanged saw a 14 year old girl walking home at 1am and walked her home, we're assuming she got in trouble and accused him of rape as the cover. They never did a rape kit and a few weeks later she admitted to lying, he was still in there 4 months later because the state wouldn't drop the charges even tho she admitted to lying.

if your man is in Spokane County Jail (judging off the 509) well the SPD is shady soo good luck to your man. My suggestion is do what I did, you go to his public pretender and practically force him to tell you everything he can, YOU tell him things too. I did research, I wrote statements, I was a huge part in helpin out and helping getting him to work. It paid off!! Let me tell ya...

mrsla061509
11-20-2009, 02:50 AM
thanks everyone this means alot. im so lost as to all this. and have no clue what im doing. but i want to do everything i possibly can to help him out. and get him out.

PhilB
11-20-2009, 11:43 AM
As stated above you should contact his attorney or public defender on this question.

mrsla061509
11-21-2009, 02:38 AM
yeah i'll do that. i got a letter from my husband today asking me to call his lawyer and tell him what plea bargain he'd agree to take. but i cant do that cuz i need to let him know what information i found out. so hopefully he doesnt talk to his lawyer until after i let him know all this extra information.

mrsla061509
11-23-2009, 10:59 AM
so if he signs the paperwork for a continuance then speedy trial goes out the window?? even though the state requested a continuance because they still had no evidence. ??

PhilB
11-23-2009, 09:09 PM
The state always wants more time. They are so backlogged that they cannot be ready that fast. By refusing to give a continuance (which he can do) the state will have to run with what little they have or drop the case... Stick with speedy trial...

mrsla061509
11-24-2009, 05:10 PM
okay so does he still have a chance to keep speedy trial?? cuz he had court on october 20th and they all agreed on a continuance. so does that mean the chance is gone??

PhilB
11-25-2009, 12:24 AM
[ and they all agreed on a continuance ]

That sounds like he agreed to a continuance and waived his right to a speedy trial.
You should talk with his attorney as there seems to a conflict of what he wants to do and what has been agreed to in court....

mrsla061509
11-25-2009, 09:55 AM
well then was it a trick?? cuz the state asked for the continuance and i guess all parties included talked about it and they all agreed.

LadyBabyJoker
11-25-2009, 10:05 AM
the state is very tricky and if they have no evidence I can garuntee you will hear a few more continuances in the future! Like I said most people I've known to be held with little or no evidence the state asked for multiple continuances. They were generally in county jail a good year before it was all done and they were off to prison, which in washington can be good IF he does get prison time because if I remember right jail time = 2 prison days. But I could be confused, my baby's court was a year ago.

Remember you can't rely on your public pretender... I know it's frustrating but they really don't care to help your man, every now and then you can get a good one yeah but it's not all the time! I think you should ask his public deffender whats the deal..

PhilB
11-26-2009, 06:10 AM
Regarding jail time credit. When transferred to prison the jail will certify his jail time as being all under the crime of conviction. In WA that time is discounted day for day off as time served already. The prison system will calculate the good time percentage based on the crime and set it as the ERD (early release date). Not all crimes have the same good time credit.

PhilB
11-26-2009, 06:25 AM
In WA any time spent in the county jail when the offender is sentence to prison is certified by the jail as time served on the crime of conviction. That time is credited DAY for DAY to the prison sentence. Good time towards the ERD (early release date) is calculated in the applicable formula based on the crime of conviction on the total sentence, both county jail and prison time combined. There is no additional credit given for time spent in the county jail. The misconception comes from sentences served in the county jail for misdemeanors have a higher good time credit that felonies served in state prisons.