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can the police still charge me?
Asked by: aaron122 from -
i was arrested for criminal damage however i was to drunk to remember doing it. there is no evidence of me commiting this crime except a witness with just a vague description. should i deny if i have no memory of commiting the crime or can the police still charge me?
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You can't deny committing the crime - you can say you don't recollect committing the crime! You can be charged if you are expected to have committed the crime, and were in the vicinity where this crime was committed, and because someone claims to have seen you do it. If you have any kind of criminal history, this will definitely go against you!
Answer Date: 05:08am 08/21/08
 
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The police need to establish probable cause in order to make an arrest. Apparently, they felt they did that with the witness' statement. They probably also gathered evidence at the scene and forwarded the case to the DA's office. Intoxication is not a sufficient defense in this situation although the judge may take that into consideration. Then again, you could also be charged with public intoxication. Talk to an attorney and formulate a strategy for court. Good luck....
Answer Date: 12:11pm 08/21/08
 
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YES, THE POLICE CAN STILL ARREST YOU!!!!! ( perhaps not for the same crime but for other activities they determined were associated with the initial arrest).

What's the first right you have if you're arrested? ( if you're an American anyway) ....THE RIGHT TO REMAIN SILENT! Even if you haven't been arrested AGAIN, stay mute. Talk with an ATTORNEY immediately!
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Answer Date: 02:29pm 08/21/08
 
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You can be charged with any crime if there is sufficient evidence to secure an arrest warrant. Whether you would be convicted in court is another matter, but a person can be charged with a crime if a certain threshold of evidence has been met.
Answer Date: 03:03pm 08/21/08
 
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Posted 08/21/08 Closed 08/28/08
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