Legal Question in Criminal Law in Maryland

My fiance has been charged wth first and second degree assault and reckless endangerment.It never happened but his ex was upset n made the statement first to a dss worker and then to a detective. There is no ther evidence in the case, no police report no hospital report, no gun because she said he had a gun, nothing..the detective only tried to get a statement from one person,who is his exs best friend, noone else in the neighborhood, i know this because i lived right across the street. After he was arrested she wrote a letter saying he never did it and that she was just mad that he was with me.I dont understand how he can be charged and held just on her statement..and is it likely that he could be convicted just with her statement.?


Asked on 6/22/10, 9:34 am

2 Answers from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Yes, he can be held. But you should have a good lawyer to get the case in front of a judge for a bond review and try to get him out. And I would have to look at every aspect of the case to consider whether he'd be convicted.

If she came to Court and testified that he did it, or if she denies it, but the State is able to successfully impeach her with her prior statement(s), then yes, he could theoretically be convicted. This is yet another reason to have a good lawyer on your side.

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Answered on 6/22/10, 12:45 pm
William Welch William L. Welch, III Attorney

Anyone may be accused, and if the court is persuaded that the person is a risk of flight or a danger held until bail is posted or the case resolved. If a jury believes the complaining witness' first version beyond a reasonable doubt then they convict. However, if the doubt the inconsistencies or if they believe the defense, then they acquit. I offer a free initial consultation.

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Answered on 6/22/10, 1:37 pm


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