Criminal Law - No Evidence to Detain?

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29 October 2014
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My son has been detained for about 3 months for a robbery. There is no video evidence and he did not leave the store with any products. There was his finger print on a bottle and the prosecutors keep adjourning his court date so they build evidence when there is none. Under criminal law, can they keep him locked up for this amount of time with no evidence or very little evidence?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Which state are you in?
 

Sarah J

Well-Known Member
16 July 2014
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Melbourne, Victoria
Hi Shervonne,

- Has there been any charges laid against your son?
- Has a trial date and first appearance been scheduled?
- Have you applied for habeas corpus? It is a procedural application made to court for the police/whoever has your son in custody to bring your son before a court as soon as possible to determine whether there are reasonable grounds to keep your son in custody or otherwise to release him.
 
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