Question
Can they really proceed on a hearing based on just witness statements alone?
My husband, his friend, and I were walking through our apartment building. They ended up arguing with another resident about loud music. That resident went to his apartment and called the police saying we had a gun and were trying to steal his car. When the police came they found no weapons or tools. They took witness statements and pictures of the car. I asked them to fingerprint the car to prove that none of us touched the car but they refused. My husband was charged with attempted grand theft auto and his friend Joseph was charged with the same but with an added charge of robbery. My husband was released after 2 days with a paper saying DA reject. His friend was not released. Our friend is on probation so we assumed that was why he was not released. My husband now received a subpoena for the preliminary hearing. Are they going to take him back into custody? Does my husband need a lawyer at this time? Can they really proceed based on just witness statements alone?
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