He didn't have the gun and the victim can not point him out but the juvenile that he was with put him at the scene of the crime can his charge be drop to a simple robbery
Can he be charged with an armed robbery if the gun is unloaded? Yes.
Can he found guilty and sentenced for armed robbery if the gun was unloaded? Yes.
Can the charge be reduced to simple robbery? There are several considerations here.
1. Will the prosecutor agree to reduce the charge to simple robbery? Perhaps, but probably only on the condition that the defendant pleads guilty to the reduced charge.
2. If the case goes to trial on the armed robbery charge, could the jury return a verdict of guilty of simple robbery instead? Maybe . . . Maybe not. It depends on the evidence at trial.
3. Can the judge order the charge reduced or order the armed robbery charge dismissed? Very unlikely. It is possible, but again not likely, that the judge at trial could direct a verdict of not guilty on the armed robbery count and let the case go to the jury on simple robbery, but that is almost certain not to happen on the facts as you describe them.
Need I point out the obvious? This is a very serious charge. The defendant needs representation by a capable, experienced and hard-working criminal defense attorney. An online Q&A forum is no substitute for a lawyer. Start looking seriously tomorrow morning.See question
The lawyer we had did not do what all he said & sentencing was completely different that what was agreed to before signing a guilty plea. The time was not what was agreed to by pleading guilty. The time increase on the low end by 44 months. Wonde...
A federal judge is not required to accept either the guideline calculations or the sentencing recommendations in a plea agreement, and I can almost promise you that the judge told you that on the record, and that you will find it clearly so stated both in the court transcript and in your written plea agreement, if you have one. Whether you can appeal the sentence at all will depend in part on the extent to which your plea agreement may have included waiver of appeal rights. A notice of appeal from a federal conviction and sentence must be filed within fourteen days of the final order of the court. Have you discussed with your attorney the possibility as asking for leave to withdraw your plea? That is another option. You cannot count on a successful outcome, no matter what you try.
You have a tough situation and you need a lawyer, not an online Q&A forum.See question
does anyone feel it can be seen as a conflict of interest to merely reassign a client to another PD in the same office to effectively argue a 6th amendment violation of a defendants rights? it feels like its literally the same office having to pro...
Are you asking whether the public defender's office creates a conflict of interest merely by assigning a case to another PD? I cannot see how unless the new PD has a conflict that the old one did not have.
Or are you asking whether the PD's office escapes a conflict by reassigning the case for argument after you have filed a motion to withdraw a guilty plea alleging ineffective assistance? That sounds to me like a research question, the answer to which might depend on your state law. In any event, it is beyond the capacity of an online Q&A forum to address in any useful way.
Since nothing in your posting suggests that your question involves a case in federal court, I am retagging it Criminal Defense.See question
I've been charge with residential burglary and several other charges
Interesting. Obviously the prosecutor who prepared the charge and any preliminary hearing judge who allowed it to proceed thought that it was a legally properly allegation on the facts of your case, but it certainly sounds like an issue that your lawyer will want to look into . . . . along with all other issues in the case. Put your case in the hands of a thorough and well-respected criminal defense attorney (it is still Abraham Lincoln country down there in Urbana, and you will find some fine lawyers to choose from) and be sure not to post any more online about your case and not to discuss it with anybody except your attorney. Good luck.See question
I have heard that it is unlikely (and "unpopular") that the State try and prosecute a domestic violence victim that pleads the 5th. However, the State can grant immunity and compel testimony from the victim...is this commonly done? If the vict...
Contempt is neither a misdemeanor nor a felony and it is not, in the normal sense of the word, a "crime" even though some contempts are "criminal". Under Illinois law, it is one of the inherent judicial powers of the court to punish for contempt and it does not fit into the normal boxes. Fines and incarceration are among the remedies that the court has available for punishing contempt.See question
My fiance is currently serving a 30+ year sentence for a crime he didn't commit. Going over his case it is clear that there were plenty of mishandlings the evidence where not conclusive GSR and DNA as well as clear coaching of witnesses. Objection...
The claim of ineffective assistance of counsel is frequently made to challenge a conviction, but only rarely does it succeed. In those relatively few cases in which courts are persuaded that ineffective assistance has been established, the remedy is that the defendant is entitled to a new trial.
Sometimes claims of ineffective assistance of counsel are raised on appeal. Usually it is better to raise the claim in a post-conviction petition or some other kind of collateral review proceeding.See question
In my criminal law class, my teacher said something around the lines of; after a certain amount of years, if someone testifies or you admit to the crime, they cannot charge you for it. Now he also provided an analogy which was; if you robbed a ban...
Obviously this is a question you should ask your professor. Basically, you are asking about statutes of limitations. Such statutes require that a criminal prosecution be initiated within a certain period after the crime is committed. The application of such statutes in practice is quite complicated, intensely fact-specific, and is governed by statutes that vary tremendously from one jurisdiction to another and from one offense to another within any particular jurisdiction. The subject is far too complicated to discuss in any useful way in an online forum, as are most subjects of any importance. Keep studying hard and one day you may be the professor teaching about statutes of limitations. Good luck.See question
I filed a suit against a large corporation for an amount most attorneys would not bother with. I also plan to ask for civil penalty, so the judgment could possibly be a little greater than $2000 if I win. I learned that if I win, the corporatio...
There could be factors beside the amount of money involved that would make a substantial investment in the case worthwhile for the corporate defendant. Whether that is so in your case or not is, of course, impossible even to guess at from your posting.See question
Family memebr charged with Capital Murder and sentenced to life with out. Wanting to appeal the sentencing and get credit for time served and a chance to be concidered for parole. Served 11 years.
Note that I do not practice in Arkansas and am not licensed there, but in most states the time in which an appeal must be initiated is measured in days from entry of judgment. My guess is that your relative either already took an appeal years ago or else for some reason decided not to appeal, and either way it very likely too late now. There may be other legal remedies available or there may not be. It is possible that the only way to seek a reduction of the sentence is by applying to the Governor of Arkansas for an executive commutation. An Arkansas lawyer can tell you what might be possible under the law of your state.
I suggest that you use the Find-a-Lawyer function at the top of this page to look for Arkansas attorneys who are well regarded for appeal work in criminal matters.See question
My brother was sentenced in VA for Robbery and Armed Robbery and his appointed rep told him to take a pledge of 48 years instead of going to trial to be charged with life. He was not aware that under the new law VA requires 85% of time. So he ac...
Can he appeal after 25 years? Can he appeal from a conviction entered on a guilty plea and, if so, subject to what conditions? If he cannot appeal, does he have any other remedies available at this very late date?
Only a Virginia attorney can answer those questions.
Can you "request an appeal for [your] brother"? Almost certainly not. It is his case, not yours, and whatever is to be done, he will have to do it. Of course, he can and should act through his attorney.See question