Can you be charged with armed robbery and no weapon was found and the victim has a criminla history

Asked almost 5 years ago - Frankfort, KY

my son 18 yrs old and two co defendants are being charged with armed robbery when they kicked in a known drug dealers house door. the victim has been arrested several times for trafficking and was just arrested for theft. no gun was found and the two co defendents are known to the victim, my son is from out of state. my son was spotted by the police hours later by himself at a gas station, no gun and identified by his jacket and car when they brought the victim to the gas station.

Attorney answers (2)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . You can always be CHARGED based upon the testimony of a witness who said you HAD a gun. The fact there was no gun found when your son was spotted helps his case, but does not mean that the witness was necessarily wrong. That is why they have trials.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  2. Joshua Gramling Stein

    Contributor Level 11

    Answered . The previous attorney was correct. Your question really goes to the likelihood of conviction at trial. This is a discussion to have with your son's attorney.

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