he has texts in his phone proving it was drug related and the guy is using it in court..will the charges stick??
No one can be certain. It is a little confusing what you are saying. If you say that your friend lied to the police and said that it was money (not drugs) that were taken from him-he could face criminal charges for that. If you are saying that he is testifying that drugs were stolen from him-I have trouble seeing the police and DA pursuing that unless it was part of a violent offense. Even with all those details clarified, it is impossible to speculate as to what could occur at trial.
Criminal Defense Attorney
If you are asking if the charges will stick to the person arrested for taking your friends money/(drugs), I can say that at the preliminary hearing stage so long as the judge buys your friend's story that he had personal property taken, the person arrested will probably have to go to trial and defend against the charges. At trial that is an entirely different ball-game, your friend will no doubt face rigorous cross-examination by defense counsel and if your friend has any convictions for theft related charges or for drug possession, it will be tough on your friend.
I agree with the previous attorneys that answered. Your question is a bit confusion: Are you asking whether charges against guy who stold drugs from your friend will stick or will potential charges against your friend for lying to the police stick? As Ms. Rainey indicated, if your friend gets on the stand and says that he was robbed and money was taken from him then the person who robbed him of the drugs will be ordered to stand trial on robbery, theft and related charges. But, if your friend has texts that it was drug related then so does the "robber". And, if he's smart, he'll show them to his attorney who will cross-examine your friend that he wasn't in fact robbed of any money but instead this was a drug dispute. The texts will back up the "robber's" story and your friend will come off as a liar, a criminal and possibly a drug dealer after testifying.
You're friend is not in a great position because if he goes back and tells the police that he lied and it was over drugs then he faces likely charges of false reports to police and perhaps some other charges. But, if he testifies and it's proven that he's lying, the DA could come after him for perjury charges. The perjury charge possibility is unlikely but still possible.
It may be wise for your friend to speak with an attorney of his own concerning the matter as he may have some 5th Amendment issues. That is, if called by the DA for purposes of the preliminary hearing, he may want to assert his 5th amendment right to remain silent and not testiy as his testimony could result in an admission that he provided police with false information and thereby comitted a crime. Also, he's now putting himself on the police radar for being involved in the drug trade, which he obviously does not need.
I hope the information you received here helps. If I can be of further assistance, please do not hesitate to contact me.
Brian M. Fishman
The posting of an answer to this question in no way creates an attorney-client relationship between myself and any reader. I always suggest you contact and hire a lawyer to receive legal advice.
Criminal Defense Attorney
As a former prosecutor, I would not be inclined to completely drop the case, but would be highly motivated to resolve the matter without litigation. I tend to think most prosecutors would like to see something, even if it is downgraded to a misdemeanor theft.