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Wrongful Arrest of Belgian?


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Tullioz
1 hour ago, Dafey said:

It's my understanding that the police can only hold you for 24 hours..."with no evidence" of breaking a law. Of course that's in the US. In the Belgian's case it was stated they had no evidence that a law had been broke.

You can only be held up to 24 hours without being charged in the US for minor crimes. Even longer than that if a person is suspected of committing a serious crime. 

As for this Belgian guy, I have only heard the accused and those close to him say that there was no evidence against him. 

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There will still be some (one) here explaining how the handling of this case was/is competent and justified. And how his jail time is justified. There shouild be arrests at the child services organiza

I propose that person should be the one under arrest.....

As I said before, the way I see it, this man seems to genuinely love the family and the children. To start questioning why isn't he married and make a judgement with this as a criteria of his guilt or

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SkyMan
47 minutes ago, Tullioz said:

You can only be held up to 24 hours without being charged in the US for minor crimes. Even longer than that if a person is suspected of committing a serious crime. 

You can have all the suspicions you want but no evidence means no arrest and no arrest in 24 hours means you walk until such evidence may be found regardless of crime.  Again, this is US.  And really, they can't hold you at all on just suspicion of a crime.  There really has to be something.

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Tullioz
1 hour ago, SkyMan said:

You can have all the suspicions you want but no evidence means no arrest and no arrest in 24 hours means you walk until such evidence may be found regardless of crime.  Again, this is US.  And really, they can't hold you at all on just suspicion of a crime.  There really has to be something.

I was mainly referring to how long someone can be held before being charged with a crime.

A person suspected of a crime can be detained temporarily, and if probable cause can be established then they can be held for longer than 24 hours. Probable cause only requires that circumstances would lead a reasonable person to believe that the individual has committed a crime. No concrete evidence is required, just the strong belief that a crime had been committed. 

For example, just like here in the Philippines, if a 50 year old man is found alone with an unrelated child in a hotel room in the US with children's bikinis and high end camera equipment in the room, they could be arrested and held for more than 24 hours if the investigation into whether or not he was doing anything illegal with that child takes longer than that. A man caught in that situation would lead a reasonable person to believe that he was going to exploit that child. 

The laws vary by state and below are two good examples I could find on how long someone can be held without charges being filed:

Quote

Under the 6th Amendment, the Constitution guarantees that the accused has the right to a speedy trial. This means that an individual must not be faced with an undue delay between the arrest and the judicial process. In order not to violate this Constitutional right, each individual state has mandated that a prosecutor must file formal criminal charges within a certain time period, typically between 48 and 72 hours, otherwise the individual must be let go. In North Carolina, the maximum amount of time a prosecutor can wait is 48 hours. After that, the suspect must be set free. However, if there are extraordinary circumstances present, the prosecutor may ask a judge for more time to bring charges. However, this request must be based on good cause on the part of the prosecutor.

http://www.minicklaw.com/long-can-held-without-charges/

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One of the first questions people ask after they are taken into custody is how long they can be kept in jail. The answer depends on several factors, including:

•    The time and date a person is taken into custody
•    Whether the arrest was completed with or without a warrant
•    Whether the individual is an adult or a juvenile

The 36-Hour Rule is found in Minnesota Rule of Criminal Procedure 4.02, subdivision 5, which states that a person in custody “…shall be brought before such judge or judicial officer without unnecessary delay, and in any event, not more than 36 hours after the arrest, exclusive of the day of arrest, Sundays, and legal holidays, or as soon thereafter as such judge or judicial officer is available.” What this means is that if you are arrested, you cannot legally be held for longer than 36 hours without appearing in front of the court. However, specific days are not included in the 36 hours, so the actual period of time in custody could be longer.

The days not included in the 36-Hour Rule are Sundays, legal holidays, and the day of the arrest. This means that if you are arrested on a Friday at noon, you can remain in custody under this Rule until Monday at noon because both Friday (the day of the arrest) and Sunday are not included in the time frame. However, if Monday were a holiday, the 36-hour period would be extended to Tuesday at noon.

http://www.joshjohnsonlaw.com/36-and-48-hour-rules-how-long-can-you-be-kept-jail-after-arrest

 

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JamesMusslewhite
7 hours ago, oztony said:

But hang on , you just said...... "How do you coming to the conclusion that those arrested are innocent?" 

So you , given by reasoning of both of your comments , believe innocent people should be arrested ....

So in Ozzie land they do not detain suspects, file charges so they can hold them until the legal system determine if they are in fact innocent or guilty? Or do they just say oh that's ok mate, were just going to let ya go on ya way as we rely strictly on an honor system.... as we know bad men don't lie or flee. No harn, no file, be on ya way then....... ?

 

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The world knows the Philippines police and their justice system is corrupt. They want to empty his bank account now that they have him.

 

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6 hours ago, RickyL said:

The world knows the Philippines police and their justice system is corrupt. They want to empty his bank account now that they have him.

 

My attorney describes it as, "Philippine law works on a 'no trial' basis. Mediate (pay somebody off) and it won't go to trial.

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50 minutes ago, hyaku said:

My attorney describes it as, "Philippine law works on a 'no trial' basis. Mediate (pay somebody off) and it won't go to trial.

Not sure if this is a workable solution to criminal charges.  However, in civil cases mediation is required.  Your lawyer is describing the mediation process here, but it is not necessarily paying someone off.  It is expected that an attempt at mediation will be made before the judge issues any judgment. If no agreement is made, trial follows.  However, if parties can agree and the judge believes the agreement meets the conditions of a settlement, no trial.

I used this system to settle a dispute over land and right of way.  I paid money, but not to pay anyone off.  I bought the land in question, the other party agreed.  He got money, I got land, disagreement was settled and judge issued a ruling. 

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21 hours ago, Flakes said:

Maybe the Belgium is better off to  make friends and make travel trips with the grand parents of all these kids.They would be more into his own age range.

Exactly what is an old fart doing with teenage girls, so he's been traveling back and forth for years so why didn't he get himself a wife and his own kids, I don't blame DSWD these old farts are horny and dirty they use the kids, so now there's two stories of old crotched'y men that lurk or want to take care and foster kids, more like teens and don't appear to want marriage so why don't they help kids in their own country.

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fred42
57 minutes ago, Jawny said:

Not sure if this is a workable solution to criminal charges.  However, in civil cases mediation is required.  Your lawyer is describing the mediation process here, but it is not necessarily paying someone off.  It is expected that an attempt at mediation will be made before the judge issues any judgment. If no agreement is made, trial follows.  However, if parties can agree and the judge believes the agreement meets the conditions of a settlement, no trial.

I used this system to settle a dispute over land and right of way.  I paid money, but not to pay anyone off.  I bought the land in question, the other party agreed.  He got money, I got land, disagreement was settled and judge issued a ruling. 

 

I might be wrong but as far as I know,if you commit a criminal offence here there needs to be a complainant...No complainant,no charge,no case.
I guess that`s why some people pay a would be complainant not to complain!

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Davaoeno
23 minutes ago, M.C.A. said:

Exactly what is an old fart doing with teenage girls, so he's been traveling back and forth for years so why didn't he get himself a wife and his own kids, I don't blame DSWD these old farts are horny and dirty they use the kids, so now there's two stories of old crotched'y men that lurk or want to take care and foster kids, more like teens and don't appear to want marriage so why don't they help kids in their own country.

It seems that you have it all figured out !   

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SkyMan
18 hours ago, liquido said:

Im sure they pulled his passport or immigration has a hold on him...

You would think so but people have left before that should have been on hold.  

16 hours ago, noddle said:

But if he did,  won't everyone ( including here on this forum ) say he must be guilty,  because he skipped the country ?,

I would say he was smart with guilt yet to be determined.  It's like that Griffiths who was talking about returning to Cebu for trial.  Why?

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HeyMike

As I said before, the way I see it, this man seems to genuinely love the family and the children. To start questioning why isn't he married and make a judgement with this as a criteria of his guilt or innocence is wrong in my opinion. There could be many answers to why this man is caring for this family and not married. To think the worse of this man because of these facts is wrong in my opinion. The logic escapes me. I know good people who are not married and who love children and people.  

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Davaoeno

If I was unjustly accused of child trafficking, or of being a pedophile , or something similar, and I had a chance to escape a 3rd world country knowing that there was not enough evidence for my home country to extradite me - I would be gone instantly !

But I accept that some people would rather die  [ or be imprisoned long term in that 3rd world country]  rather than to have  anyone think that they might be guilty of such things.  

 

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Davaoeno
3 minutes ago, RangerUp said:

But this Belgian wasn't alone with an unrelated child in a hotel room with children's bikinis and high end camera equipment in the room, so you using an entirely different case to justify his arrest is rather odd, and irrelevant.

This Belgian guy was just outside in a group that included two adults.

Maybe I misread things [ and I'm too lazy to go back through reams of posts here ] but weren't the bikinis on dolls and  teddy bears ??

 

[ I do appreciate that children have been wearing  2 piece swim suits for over 50 years and that being titillated by the mention of such is pretty strange in itself ! ]

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Tullioz
59 minutes ago, HeyMike said:

There could be many answers to why this man is caring for this family and not married. To think the worse of this man because of these facts is wrong in my opinion. The logic escapes me. I know good people who are not married and who love children and people.  

This  guy appears to have been grooming this family. This is a tactic used often by pedophiles to gain access to young children. It would also lead the parents to defend him if he were ever accused of harming their child. I'm not saying that is the case here, but his actions over the years suggest that it's a possibility. 

42 minutes ago, RangerUp said:

But this Belgian wasn't alone with an unrelated child in a hotel room with children's bikinis and high end camera equipment in the room, so you using an entirely different case to justify his arrest is rather odd, and irrelevant.

This Belgian guy was just outside in a group that included two adults.

That was just an example, it wasn't meant to be related to this case. 

A 60 year old man at a terminal with two teenage girls and several small children, none of whom are related to him, preparing to board a bus needs to be at least questioned. Apparently his actions at the time and answers didn't satisfy those asking at the time and he was charged with violating RA 7610. I wasn't there, so I have no idea what actually lead to the charges being made. 

If anyone reading this travels alone with unrelated children or is planning to travel with unrelated children, you can save yourself a lot of trouble by going with a parent or guardian of the child to the DSWD beforehand and getting a letter from them that shows that you have permission to be traveling alone with that child. 

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