Lumberton, NC asked in Criminal Law, Constitutional Law and Federal Crimes for North Carolina

Q: Can a person be held locked up for 1st degree murder,denied bond twice, without any evidence except one person statement

laws have NO physical evidence.

person was previously in a bad dirt bike accident and has plates in both wrist, and is NOT physically capable of shooting a gun.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In North Carolina, as in other jurisdictions, it is possible for a person to be held without bond on serious charges such as first-degree murder, based on the severity of the alleged crime. The decision to deny bond typically considers factors such as the nature of the charges, potential risk to the community, and the likelihood of the accused fleeing before trial. While physical evidence strengthens a case, the absence of it does not automatically preclude holding someone if there is testimony or other forms of evidence deemed credible by a judge.

The reliance on a single witness's statement can be contentious, especially in serious cases, and the defense has the right to challenge the credibility and reliability of that testimony. If the accused has physical limitations that would make it impossible for them to commit the crime as described, this information should be presented as part of their defense. Legal representation can argue these points vigorously, seeking to question the sufficiency of the evidence during bail hearings and, if necessary, at trial.

If someone finds themselves in such a situation, securing experienced legal counsel is crucial. A defense attorney can scrutinize the evidence, or lack thereof, challenge the prosecution's case, and advocate for the rights of the accused, including arguing for reasonable bail or demonstrating the physical impossibility of their client committing the alleged act. They can also work to present any medical or physical evidence that supports the accused's inability to have committed the crime, potentially influencing the court's decisions regarding bail and the credibility of the charges.

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