My brother was sold stolen goods and was charged with robbery after the police found the victim's stuff in his car during a traffic stop. The victim can't even say for sure that it was him who robbed him. Is possession of stolen property enough evidence for a robbery conviction? What possible defenses are there?
Family Law Attorney
How did the police have inclination to even look at him for the crime? there must be more than mere possession of the goods. Get a good crim defense attorney to help you, as soon as possible.
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4 lawyers agree
General Practice Lawyer
A person can be convicted on circumstantial evidence. He needs an attorney to get through this.
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
5 lawyers agree
Criminal Defense Attorney
There is a great deal of risk even with this circumstantial evidence. You can assist your brother by helping him retain a criminal defense attorney. You can find one in your area by AVVO search or in local ads. He should have an attorney at once and have no contact with the police.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.
3 lawyers agree
Criminal Defense Attorney
There has to be sufficient evidence for the finder of fact (the jury) to believe your brother is guilty of robbery beyond a reasonable doubt. Each element of the crime necessary for a guilt finding must be proved to that standard.
As the other attorneys have pointed out, circumstantial evidence may be present which leads the DA to believe he or she can prove the case. Direct and circumstantial evidence are treated the same - it's a question of relevance, probative value, and foundation.
A robbery conviction is a very serious charge and a conviction would follow your brother through life. He needs to be represented by an attorney in whom he has faith. That could be a public defender if he's been fortunate enough to be appointed one of the many excellent and dedicated PDs in that office. If he feels that is not the case, I urge you to retain a private attorney. All possible defenses must be explored and only an attorney with experience can do that in a comprehensive manner.
1 lawyer agrees