Legal question for you non-lawyers

[crazy canuck]

My non criminal take is that you have evidence which puts him at the scene of the crime at the time the crime was commited (the evidence of the family that there were no coke cans in the house prior to their trip).

So long as the charge is broad enough to encompass simply being at the scene of the crime (ie not doing any of the actual stealing which he could say was done by others) then you are probably ok.  But what do you do if the Charge requires you to prove he took some active part in the theft.

[Barrister]

My non criminal take is that you have evidence which puts him at the scene of the crime at the time the crime was commited (the evidence of the family that there were no coke cans in the house prior to their trip).

So long as the charge is broad enough to encompass simply being at the scene of the crime (ie not doing any of the actual stealing which he could say was done by others) then you are probably ok.  But what do you do if the Charge requires you to prove he took some active part in the theft.

There is a presumption I can rely upon:

Presumptions
(2) For the purposes of proceedings under this section, evidence that an accused

(a) broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or

(b) broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after

(i) committing an indictable offence therein, or

(ii) entering with intent to commit an indictable offence therein.

[crazy canuck]

Then you are golden and the accused will be forced to take the stand to provide any evidence to the contrary - if there is any.

[Grey Fox]

For how long is he in prison for?

[Barrister]

For how long is he in prison for?

Until his trial, or until a QB judge lets him out.

[CountDeMoney]

The only negative in bail denied is that he could conceivably have money for a decent attorney.

Better to have a decently high bail set, let him post it, and lulz, no funds left for a real lawyer.  Jelly much, counselor?

BAIL BONDS IS OUR BUSINESS AND BUSINESS IS A BOOMIN

[grumbler]

I'm with those thinking you have a pretty strong case, given the DNA match with a soda can you can safely assert was brought in at the time of the crime.

[Barrister]

I'm with those thinking you have a pretty strong case, given the DNA match with a soda can you can safely assert was brought in at the time of the crime.

Actually I think the juice box is better.  Conceivably someone else could have brought a previously empty coke can to the house, but the accused's DNA on an item that was already in the house is golden.

[Admiral Yi]

The coke and the juice are both good.  The coke wasn't in the house before the burglary and it was after.

Dude's going down.

[mongers]

Is this thread another attempt by a bureaucrat to demonstrate the power he has over other citizens ? 

[CountDeMoney]

Is this thread another attempt by a bureaucrat to demonstrate the power he has over other citizens ?

I hope somebody finds your DNA on bicycle spandex nuthuggers on the Grassy Knoll.  Doofus.

[Razgovory]

Does the guy know all you have against him is DNA?  Anyone check local pawnshops to see if he sold anything recently?  I suppose none of the neighbors recognized him, did they?  Do you have a warrant to search his place?

He will soon.

Pawnshops are regularly monitored by police.  This seems like too sophisticated for them to make a mistake like pawning the iterms locally.  Neighbors ID after this many years would be useless, as would searching his place.

Ah.  Well, maybe you should just throw the dice and go for it.  Maybe he'll freak out and rat out his associates.  How receptive are juries to DNA evidence?

[Barrister]

Does the guy know all you have against him is DNA?  Anyone check local pawnshops to see if he sold anything recently?  I suppose none of the neighbors recognized him, did they?  Do you have a warrant to search his place?

He will soon.

Pawnshops are regularly monitored by police.  This seems like too sophisticated for them to make a mistake like pawning the iterms locally.  Neighbors ID after this many years would be useless, as would searching his place.

Ah.  Well, maybe you should just throw the dice and go for it.  Maybe he'll freak out and rat out his associates.  How receptive are juries to DNA evidence?

It's the CSI effect.  They are hugely receptive to it, but are disapointed when we tell them what the limitations are.

And the absolute last thing this guy will do is "rat out" his associates.  As well since we have no evidence about the associates (other than his theoretical evidence) I doubt we'd prosecute them.

[DGuller]

How receptive are juries to DNA evidence?

You might need a dinner and a movie to get them on board.

[Monoriu]

This is probably the last and only chance of solving the case.  Go for it.