Legal Question in Criminal Law in Tennessee

extortion

on 17 Nov. 2006 a person filed an afidavit in Sevier County claiming she had recieved a call demanding sexual favors or naked pictures of her would be put on the internet. She claimed to know who the caller was by voice recognition. Based alone on her alligation, a friend was arrested. No evidence of any call being recieved was submitted, and the arrest warrant was issued alone based on her alligation. The case is now pending, and still no evidence exists indicating the person who called is the defendant. Where was the probable cause?


Asked on 10/18/07, 1:58 pm

2 Answers from Attorneys
KJW Firm PLC

Re: extortion

Based on those facts, it doesn't sound like probable cause existed in the case. Your friend needs to get his attorney to proceed forward with the preliminary hearing. If no further evidence is brought up, your friend has a good chance that the judge will throw the case out.

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Answered on 10/18/07, 2:13 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: extortion

The woman's statement that she recognized the voice was probably enough to establish probable cause. There may well be other evidence of which you are not aware -- in particular, there may be circumstantial evidence (such as evidence that the accused actually has nude photos of the complaining witness) showing that the defendant was motivated to do something like this.

Bear in mind that the prosecutor does not need to prove his case at this stage. Evidence that establishes probable cause is often far short of what it would take to prove guilt beyond a reasonable doubt, which is what he will have to do at trial.

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Answered on 10/18/07, 2:33 pm


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