Can i have some legal advice? brother in prison accused for something he hasnt done?

my brother was at home. His freind called on his mobile and told him there is a fight going on, so he rushed over. As soon as he was there the police arrived 10 seconds later.





so the police arrested all of them (there were 10 guys) including my brother. my brother was unaware what actually happened. he just arrived at the scene and got arrested along with other guys


apparently there was a gang rape. the victim was too drunk and cant identify who raped her. (i know this is awful)


but i know my brother will never ever do this. he is way smarter than that. he was in tears saying how he never was involved etc.





the police cant find any evidence on him. but they still kept him locked up including the other guys which i dont care. i care for my brother and know he isnt this sort of brother.





can they lock him up even if they dont have any proof/evidence? he has been there for 3 weeks. i thought police cant lock someone for more than 2 days especially when they dont have evidence.





apparently the girl voulunteered to go out drinking with few guys my brother knows. now she is oblivious to what actually happened





my brother was just at the wrong time and wrong place. but they wont release him even though they cant nothing on him.





anyone out there can advice?





sensible answers please. i really dont need people saying horrible comments. really not in mood. i just care for him, and i know he is innocent. his bloody freinds not even admitting he has nothing to do with it.Can i have some legal advice? brother in prison accused for something he hasnt done?
well my father is serving 15 years in prison for a rape he apparently committed in 1984... there was no dna on her AT ALL and they just did him on circumstantial evidence. he is only 2.5 years in to his sentence and he is living thro hell. his freinds and other witnesses were not rbought forward to support him. trial was a sham and now his life is ruined.


he would have had to have been charged following interviews to have been sent to court to be RIC'd. police would have carried out investigations prior to charging him. he will have then been sent to court, RIC'd and sent to a remand prison..... assuming he has gone not guilty he can remain in custody till the trial... he will not be compensated for any time spent if he is released. he can apply for a release on bail but his solicitor needs to do this. and it will be based on a bail address away from the scene of the rape and not to contact any witnesses.


this girl sounds dreadful. she obviously does not reaise how much ruin she is putting on someones life.Can i have some legal advice? brother in prison accused for something he hasnt done?
until they sort out who was and who was not there, he should be able to make bail.





was he read his rights?


he was arrested, what are the charges? they have to tell him and he is allowed a phone call to lawyer preferably.





they are not going to just let him go because then all of his buddies are also innocent and will be free also.


wrong place at wrong time. get a lawyer and go for bail
a lawyer would probly get him out of this. Get a lawyer and my guess is that if she cant identify him and they have no proof that he did anything then he sould be released. Goodluck!!!


answer mine pleasehttp://answers.yahoo.com/question/index;鈥?/a>
When there is a fight, the worst thing that can happen is for nosey people to turn up. If your brother minds his own business, he will not get into trouble.





Incidentally, the prisons are full of people with sisters who think they are wonderful.
He is entitled to a solicitor,get one. They must have carried out a DNA test which will prove his innocence and if he hasn't actually been charged,that is false imprisonment.Don't accept it,make a fuss but above all get a legal team fighting his corner...........
They can check his location by the mobile phone call, the time it was made and the mobile phone mast it went through, then the time taken to get to the location.
The police probably correctly assumed that anyone rushing over to a fight in response to a telephone message only wanted to join in. Normal people would either watch from their house window or from a distance.
Are you in the United States ?


Is your brother charged with a crime?


In order to hold him,they must charge him.


I think you need to hire a good attorney.
You need to get him an attorney ASAP. No, if he hasn't been charged with anything, he shouldn't still be in jail!! Unfortuanately you need to get him an attorney right away to help him out.
sorry don't have any legal advice, but surely they should be able to check phone records to ensure he was called and he couldn't have been there for the whole time
Get a solicitor fast. If cant afford one get the duty solicitor.
He needs a solicitor
Does anyone have a good recipe for mushrooms with pork?
Given that this question is on the UK and Ireland Answers section all of the answers from the USA (as always) are irrelevant.





There is only one way he can have been locked up this long and that is if he has been charged. No one, even terrorist suspects, can be kept in custody without charge this long.





Therefore, you will have to wait until he has appeared before a court - whether he is guilty or not is the court's decision to make.





What I will say is that, in all my 30 years as a policeman, very few families found it possible to accept that a family member committed a violent crime. And if you speak to anyone in prison, they are ALL innocent.





Maybe he is innocent, maybe he isn't, but you are going to have a long wait to find out. However, as the police cannot keep you in custody this long without charge, there is something he isn't telling you I am afraid.
The general consensus seems to be that you need to get him legal assistance. I'm betting that if they have gone through all the appropriate avenues in their efforts to investigate this incident, justice will prevail and your brother will be released. Unfortunately the amount of time required to get him out at this time seems to be indefinite. Rape can sometimes be hard to prove. Pray that they've got a DNA test and that the evidence from it won't incriminate your brother.





Good luck.
First off, you have to look at things uncritically - your brother has been arrested for suspicion of a crime. The powers that be have some reason to suspect your brother. The annals of crime are full of guilty people who seem sincere in their claims of innocence, and who have friends and family who could never understand how their loved ones could do horrible things. No offense, but I don't know you or your brother, and I have no reason to believe your brother is simply innocent.





Your question is, to say the least, suspect - many people post questions like yours and ignore or disclaim the most important detail - why the police have acted the way they did, why did they make an arrest. Obviously, the police had some evidence or they wouldn't have arrested him. Does this mean that people aren;t arrested on trumped up charges? Hardly. But you're going a step past that - you're claiming he was arrested when the police had no reason to.





You need to face the fact that the police found some evidence...somewhere. If you think you're doing your brother any favors by ignoring the possibility that he's guilty, think again. Your brother's defense will have to deal with the evidence against him. And so will you.
They must have some sort of evidence or he would not be on remand in prison. The evidence would have gone to the Crown Prosecution Service who will have decided that there is a case to answer. He would also have been provided with a Solicitor who would not let him stay there if there was no evidence.


Sorry Dear, but this is the way the UK law works.
He needs a lawyer to get him out!





You're innocent until proven guilty so rest assure if what you say is true it's not possible to prove him guilty. It sounds like he's being detained with little to no evidence against him and without a lawyer it will be hard to get him out.





These are potential felony charges so he can get a public defender which I'm a little unsure why he hasn't done already.
He may well have been in the wrong place at the wrong time but the fact remains that he was there.


When the police arrived then they would have arrested everyone they believed was involved.


The fact he was there is enough to get him arrested.


They have a relatively short time (can't remember exactly what) to charge a person. Once charged then the person can be held ';on remand'; until trial.





Sounds like your brother is on remand awaiting trial. This means that the police and the CPS believe there is enough evidence to get a conviction and have charged him. So they obviously have or think they have something ';on him';.





He would have been given access to a lawyer when charged and he should take advantage of that.


The lawyer should try and get him out on bail but if the charges against him are serious then the police would challenge that.
You are asking an impossible question because everyone who gets arrested claims innocence. Unless she can identify him, his buddies testify he was there, or forensics find his semen there, the prosecution would not have much of a case against him. He will likely stay there until all the DNA evidence is analyzed and they can determine whether or not they have enough evidence on him. Until then, your brother will have to sit in jail and reassess his selection of friends.
Rosy... You can't say he is innocent if you were not there, and only going on the fact you know your brother. He was a part of the problem as he was an accomplice, just being there. its called aiding and abetting. The fact is that if these are your brothers friends, then there is a question as to the company he keeps huh? They can keep him until a court date if they choose. The old saying innocent until proven guilty is just a saying. The law as you see everyday is made to protect the guilty. Look at OJ! Hopefully when the time comes they have semen samples. This may sound like a mix up to you, but in reality its a serious crime servable by a prison sentence. You may want a lawyer. When your looking at time, you don't fool around. If you thought you had reasons to suspect you have cancer, would you just ignore it, or get a professional opinion. Sorry that's the facts. Good Luck! I will keep you and your brother in my prayers. Steve
Bad news and good news for you:





1. they can lock him up on charges alone. They don't have to prove it yet. If you are in a state that requires indictment, they can lock him up while he is waiting to be indicted, and from the time he is indicted until he goes to trial.





2. He has a right to bail...within 72 hours of his arrest, he should have had a bail set. If you can pay this bail, he will be out of jail pending indictment/trial, etc. If you can't pay this, you can talk to his public defender and have them make a motion for a reduction of bail. In this case it sounds like a possibility.
He is in Jail,not prison. If there is no evidence he will be released. The state has the preponderance of the evidence.