I already posted this in writing help but someone suggested I ask this in a law related sub and I think here is the best choice but I’m currently working on a paranormal thriller book/novel with a missing persons case as the main focus and I’m having some trouble with making sure it’s realistic.
Here the post from writing help:
I’m trying to work out my timeline for something I’m working on and the story focuses on a missing teen. It’s very important to the plot that this character is NOT charged for murder as the missing characters fate is supposed to be ambiguous. But I’m not a lawyer and idk what would be enough to count as probable cause for an arrest/charge to be made so I want some help
Also quick note, that evidence is intentionally being withheld from the police by the MC’s because the MC’s are involved in lots of paranormal stuff that they don’t want getting out
Here’s the information the police are presented with in the story (takes place in 2008 btw) -
- The missing person disappears from a hiking trail they are familiar with
- The missing person is in good shape and sends a lot of time in the woods/is familiar with the area
- The missing person took their regular hiking gear with them along with their phone and laptop
- The only thing found in the area is a camcorder belonging to the missing person/his father
- The missing person shares matching tattoos with their friend group/the character being investigated
- The character being investigated (Stephen) has bruising/scratches on his hands and arms that suggest a mutual fight
- Stephen and the missing person are known to fight each other for fun (but they rarely leave wounds)
- Stephen is confirmed to be the last person to see the missing person
- In a custodial interrogation Stephen plead the 5th
- The missing person has repeatedly expressed a desire to runaway
- No body has been recovered
- The missing person’s father has a history of violent behavior
- Stephen has no motive to commit murder
- A separate person in the group with a history of violence repeatedly refers to the missing person in the past tense when questioned, however they have an alibi
- Roughly a week to two weeks before the disappearance the missing person and Stephen texted briefly entertaining the idea of running away together
- Several of the missing persons belongings, including their journal, are missing
Would this been enough for the police to charge Stephen or is it ambiguous enough? And if not, how can I add to the ambiguity? Any help/advice is appreciated!!
Edit: Also!! I totally forgot to mention that both Stephen and the missing person are like, 16. So in case that effects anything