Q: How long can they keep you in custody for arson charges with no evidence?
They put a no contact bond condition on my husband so he can't contact me but I'm his spouse and care taker of our 2 month old daughter.
He has a prelim on tuesday and they want me to testify but I have nothing to prove he's guilty .
Please help i just want him home and know I don't legally have to testify as I am his spouse.
A:
I know this answer comes likely after your husband's prelim. But I suspect there is much more to this story. That your husband has a no contact order with you as part of his bond conditions tells me that at least the court believes you may be more than a witness, but a victim in some regard.
They almost assuredly do have some evidence against your husband. Given the early stage in the proceedings, not everything has been, or is required to be, disclosed to you. It takes probable cause to arrest someone - that's it. It could quite literally be his finger prints found on the gas can at the scene and someone saying they saw him walking away from the area a few minutes before fire trucks arrived.
Your decision to testify is likely not what the prosecutor is pinning his or her case on, as they probably suspect you to be a reluctant or hostile witness.
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