I recently got a robbery 1st charge and there is only statments but no evidence do i have a good chance in fighting this case???

Asked over 5 years ago - Syracuse, NY

the supposed victim could not id me in a lineup and there was no money found no weapon and i was picked up at my house two hours later for something i didnt do i have no prior felonies and no violence on my record

Attorney answers (2)

  1. Deirdre Lynn O'Connor

    Contributor Level 15

    Answered . Sure, if you have a good your lawyer. But you shouldn't assume it is a slam dunk. A good lawyer would thoroughly prepare your defense and be ready to attack this case from every conceivable angle because s/he will know that being innocent often is not enough.

    I agree that the witness' failure to ID helps. And, I understand that the evidence they have does not seem overwhelming to you, but the cops and prosecution must have some evidence or the case would be dismissed. And jurors are more likely to convict when the crime is serious.

    You don't give any detail about the statements or how the cops came to suspect you. Your lawyer will need to know all those details. The sooner you meet with your lawyer, the better off you'll be.

    I would suggest that you consult with three or more experienced criminal defense attorneys in your area. Ask each to explain to you how they would approach this case - What motions would they file? What investigation would they conduct? What defense witnesses might they consider calling? Ask him/her how many eyewitness identification cases they have tried? And with what results? Have they ever worked with an eyewitness expert? Would they consider using one in this case? Why or why not? The answer to these questions will help you decide which lawyer is best for you.

    A good criminal defense lawyer knows that it is especially important to conduct an early and thorough investigation in eyewitness cases. Just because the witness didn't pick you out of a lineup does not mean that the prosecution won't try to get them to make an in-court ID. Your lawyer will have to be up on eyewitness identification issues and motion practice in order to prepare your case well.

    Good luck!

  2. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . If you didn't do the robbery, then fight like mad. From the limited information you've given us, you have some great areas to poke huge holes in the prosecution's case. Obviously, there must be more to this story, since the DA's office thought there was enough to file charges against you.

    I'm sure the DA will argue that 2 hours was enough time to hide a weapon and any money, so although it's something good in your favor, I wouldn't rest entirely on that point. The lack of ID will be great... but how did the police connect you with this robbery? Something had to lead them to your door. Do you match the description of the person? Did you admit being at the place where the robbery took place? Did you make ANY statement to them?

    A robbery conviction will stay with you and haunt you forever. If you didn't do this, work with your attorney and fight.

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