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- Augusta, Georgia
The charges may very well be legit.
HOWEVER, how did we get to this point where after all this time (remember it was investigated for months before he was arrested) the DA STILL doesn’t know if he will actually charge Gotsis. HUH?!?!??? You should not arrest someone after a multi-months long investigation if you have no intention of charging him. “they haven’t decided if they think there’s any evidence to go forward or not”
WHAT?
If I were Adam, I would think about suing the DA and Fulton County.
You only need probable cause to arrest, and the testimony of a victim can be considered probable cause. To prosecute, you either need proof beyond reasonable doubt, or preponderance of the evidence. (In criminal cases it's reasonable doubt, whereas if this were to go to civil court it would be preponderance of the evidence, which is a lighter burden of proof, but also means lighter "punishment" as well) Once arrested, however, there has to be a point where the DA either decides to go ahead with the case, or drops it for lack of evidence. (If he drops it now, he can resume it later if more evidence becomes available)
At some point soon, the DA will have to make a decision to comply with the constitutional right to a speedy trial. (Interesting legal point here, although Gotsis is not a US Citizen, the Constitution has historically afforded Constitutional protections to non-US Citizens accused of crimes, excepting military combatants and terrorist suspects)
The best thing for Gotsis is to let this play out in the legal system and not try to make waves. IMO, it's a better look to wait patiently for a dropped case than to sue for false arrest.
*Just want to add I presume nothing on his Innocence/Guilt in this matter, except that all are to presumed innocent until proven otherwise in a court of law.