Can they arrest my brother on my sister’s word only? - Criminal Law Legal Blogs Posted by William R. Pelger - Lawyers.com

Can they arrest my brother on my sister’s word only?

Q: My brother had a warrant for
questioning but when he got there they arrested him without any charges and no
priors. Basically, my brother got taken in for questioning because my sister
said when she was 4 (he was 9) that she was assaulted (she told her
psychiatrist. My sister in is 16 now and he is 22. She has a diagnosis of
schizophrenia. However, she said she wasn’t really sure it was him. The shrink
told CYF and then CYF told the DA. The sex crimes detective wasn’t hearing that
she wasn’t sure who it was and put out a warrant for our brother arrest. He has
no priors, clean record and he is a college kid. When he turned himself in they
lied and arrested him when he got there. My sister also thinks that it was our
uncle that assaulted her (he assaulted me as well when I was 4 but now I’m 32).
So, why did they arrest our brother without evidence? Why did the shrink say it
was him when, until now, we weren’t sure? Is this legal? (White Oak, PA)

A: Unfortunately, your brother’s arrest is probably legal
which doesn’t mean he is guilty or will be convicted ultimately. The police can use trickery and deception to entice
people to come into the police station and arrest them. Plus, a person can be
arrested solely on the word of another person, if the police believe, or at
least say they believe the person. You really shouldn’t be talking about this
on the internet, and your brother most definitely needs a lawyer, now. He and
his lawyer need to keep track of your sister’s inconsistent statements in the
early stages here before the police can clean them up or discard the one that
does not match whichever suspect they choose to target. In fact, your sister
may want to at least talk to a lawyer given her inconsistent statements.
Lastly, your uncle should seek counsel, needless to say. This sort of thing
happens more frequently than you think. I think given the passage of time, your
brother’s age at the time and your sister’s inconsistent memory, this matter is
defensible. In my opinion it really should be resolved outside of court.

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William R. Pelger

Licensed since 1987

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William R. Pelger

Licensed since 1987

Member at firm Pelger Law

AWARDS

Champion Badge Silver

RECENT POSTS