If its really "Innocent until proven Guilty" then why is it that they put you in handcuffs and in jail?
402256
oxy is right. That is also why they have an arraignment where you plead guilty or not guilty and then they set bail and what not to let you out. The reason for a bail is to pay for the cost of your upkeep but will also prevent heinous crime offenders from getting out by raising that amount by an ungodly multiple.
1172097
Seing a person being escorted by policement may instill a bias of guilt in you. Frankly, when you see someone handcuffed and escorted, you wonder what he did wrong rather than if he did wrong.\n\nIt's standard protocal. Don't take it personally.
905281
If it is considered evidence they can keep it till after the trial is over. If there was no trial or the investigation is complete and you have been sentenced to jail, you get it when you get released. But if you weren't sent to jail then you should have gotten the items back already.
282985
It's in the 5th Amendment of the U.S. Constitution:\n\n"...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb..."\n\nIf a person is found guilty of a crime, but later evidence shows up to prove he is innocent, he can request a new trial. In so doing, he would basically be waiving this portion of his 5th Amendment right. \n\nIf a person is found innocent, but later evidence shows up to prove he is guilty, the governmetn cannot violate his 5th Amendment right and re-try him for the same crime. But there is a loop-hole. He could be charged for a different crime. The 4 cops tried for beating Rodney King were found innocent, but then later re-tried for violating his civil rights. Same crime, different charges.
128005
They are officers of the court, they are also actors in a deceptive charade. If you currently have a legal issue realize that ALL lawyers, defense included have sworn an oath of loyalty to the court, not you! they are in reality double-agents for the court, understand that once having been arrested/ticketed the court is obligated to convict you, otherwise you have been violated and they are responsible. So generally defense lawyers merely put on a show, often a sad one, that they are defending you, sure they will rant and rave but verbal argument means nothing at court, it all is in the documents, and that is how so many truly guiltless people are tricked out of thousands of dollars! If you trust in the legal system you will be convicted most especially if you are innocent. I've found good advice available at outlaws legal service on the web, realize outlaw does not mean criminal as generally thought, it means someone denied equal protection under the law!
172605
If you were convicted of a felony either by a judge or by pleading guilty, I imagine the same laws apply as if you'd been convicted by a jury. After all, if you did not receive a jury trial it's because you felt it was to your advantage to waive that right.\n\nIf you were tried and not found guilty, or the charges were dropped, then you are considered innocent of your crime and not a felon.
164651
it depends if the DA has decided to press charges.  If so..then yes.  If not, I am assuming this is why you were released.
819297
You wont go to jail if thats what your asking but you wont be able to use i as evidence
967128
Everytime I get arrested(which is quite often and matter of fact the last time was Wednesday...Just got out Thursday morning) I have my "First Apperance"(which is usually held inside the jail somewhere) the next day or two, which at First Apperance they give you the chance to bond out and sentence you. You don't get your 'real' court date(in the courthouse) until at least two weeks later, but sometimes it can take up to a month or more. It sounds like what happened to your friend is 1) He couldn't make bond 2) They didn't issue him a bond, which means he has to stay till his 'real court date' at that time they will either give him time served and let him out or give him probation or 3) He already went to court and has to do his time period
355078
Sounds like you are suggesting we detain people that COULD commit a crime. Sorry still cant do that. In this country CITIZENS are STILL considered INNOCENT until PROVEN guilty.
926784
IF they haven't been convicted yet, good luck.  It's no one's business.   Innocent until proven guilty, remember?\n\nSome smalltown newspapers still carry arrest records to fill up space, but not even the lawyers never know when court dates might come up or get pushed back.    They contribute to that date getting shifted, too, since some prefer to stall as long as possible while gathering evidence, witnesses, and so forth.\n\nNothing's ever written in stone in today's judicial system.   Could be a year from now.   Depends on the lawyer,the court's schedule, holidays, and so forth.
979551
It's commonly used as shorthand for "on custodial remand".  People are remanded in custody if they are awaiting trial or sentence and the Court feels that they cannot grant bail.  Reasons have to be given for refusing bail, but the most common ones would be:\n- The person is a danger to the general public\n- The person remains a danger to the victim in the case\n- The person does not have a suitable bail address to offer (so that the Court and police couldn't monitor them)\n- They believe that the person will abscond and fail to return to Court.\n\nWhen the next Court hearing comes up as it will for your brother-in-law in 6 weeks' time, the defendant is "produced" at the hearing, which means that they are taken from the prison in a secure van with prison officer escorts and taken to Court.  When the sentence is passed, they will either be released (if a custodial sentence is not passed, or if they are already judged to have completed the sentence because of time already served in prison on remand) or taken back to prison to complete their custodial sentence.\n\nThe Prisoner's Families' Helpline can provide you with more information.  http://www.prisonersfamilieshelpline.org.uk/php/bin/readarticle.php?articlecode=9279
294299
why'd you have a court appearance? sounds like false arrest under habeus corpus.
1102267
Cops are trained to use intimidation tactics in order to obtain a confession.  Once you are read your rights and agree to talk, then everything is pretty much fair game. \n\nEven if you are innocent (which differs from being not-guilty), it is rarely advantageous to talk to the police if you are being, or could be charged with a crime. When stopped, ask if this is a custodial stop or informational.  You are under no obligation to talk to an officer, or remain at a scene with an officer unless you are being legally detained (which would constitute a custodial stop).  \n\nCops are rated on the number of arrests they make.  If they are a detective, and make few arrests, then they can count on losing that prime job in quick order.
342745
you might as well explain ahead of time.  if they look up your record and see something was on there, even though it was pardoned, it will make you look dishonest.\n\nthis happened to me in court.  i was detained by the police, but never arrested and in court the "arrest record" appeared.  i could honestly say i was never arrested or charged with anything, but it made me look dishonest in court, even though i was not.  i forgot to tell my attorney about the incident as it was ten years ago and i wasn't charged.\n\njust best to come clean ahead of time.
644485
well strike the 3rd answer down dude.false imprisonment is something that happens more than you think especially in states that do not have discovery laws .and in my opinon they do not have those laws for the simple reason they want to be able to railroad the poor and innocent and "falsely Imprison"them.The southern states ars real good about that.\nas long as there is no discoverly then the prosecution can hide facts that downright prove the charged person is innocent.And yes they knowingly do this just to embellish their conviction record to help futher their careers down the road and the part that kills me is not only are these low lifes still able to sleep but,the Law lets them get away with it and when it is,(years later usually)discovered there is nothing the innocent person can do to get back the freedom that was taken from him.
931260
I don't beleive you.\n\nThe people this happens to, gets the ACLU and they sue the jail.\n\nYou contact the ACLU and report it.\n\nAnd most police and correction officers are honest people and would report these if they had to.\n\nWhile a rape does happen every now and then normally the officer is fired or punished and life goes on.\n\nIt is possible that you are believeing jail house lies that most inmates talk trash about the jails.