Legal Question in Criminal Law in California

why is he in custody?

my husband was recently arressted on grand theft and selling stolen merchandise.This appently happened a while ago and they didnt find the merchandise in our home.with the exception of some storage tubs that are very generic and can be bought at target or wal-mart.Isnt it suppose to be innocent until proven other wise?This means I can just say ''john doe'' robbed me and they will throw him in jail?Without any solid proff? My husband has never been in trouble with the law EVER.He has been in jail for almost a week and has no bail reduction.Its 35,000.00


Asked on 5/21/03, 11:59 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: why is he in custody?

The authorities need adequate grounds to keep him in custody, but this need not take the form of stolen items recovered from your house. (After all, the charge of *selling* stolen property implies that at least some of the items will *not* be in his custody.) This evidence might include fingerprints, eyewitness testimony (either of people who saw the crime or who bought the stolen goods), confessions of co-defendants, etc.

While your husband is considered innocent until proven guilty, that does not mean he is entitled to go free. The trial court and the jury are required to presume he is innocent, but the police and the prosecutor are not. After all, if they act as if everyone is innocent they will never be able to arrest, prosecute, or even question anybody.

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Answered on 5/22/03, 12:13 am


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