If they don't have enough evidence it should just go to trial and get acquitted.
No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
You need to hire a criminal defense attorney to represent you. Your attorney may be able to negotiate a plea bargain to get the charge reduced to a lesser offense. If you try to represent yourself, you risk being convicted and sentenced to the maximum penalty.
The answers submitted on AVVO by The Rogers Law Firm, LLC d/b/a LeadFootSpeedingTicket.com are for informational purposes only, do not constitute legal advice, are not intended to be advertising, and are not guaranteed to be correct, complete, or up-to-date. The transmission of information on AVVO is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship. The reader should not act on the answers without first consulting legal counsel.
Unless Missouri law is very unusual there is nothing the judge can do about because it is the prosecutor, not the judge, who determines what the charge is going to be. The prosecutor always has the power and discretion to reduce the charge, but the price of a reduction is almost inevitably a plea of guilty to the reduced charge. The failure of the police to find a weapon or stolen property a year later will do nothing to persuade the prosecutor that the evidence is insufficient to convict. I hope the defendant has an attorney for this very serious charge. When it comes to sentencing, judges do not like armed robbers. In the judge's eyes, every armed robbery is a potential murder.
Generally, prosecutors are not very inclined to drop a serious felony to a lesser offense. However, where the facts of the case and other factors warrant it, they may be willing to do so. As an example, I represented a client charged with the class B felony of 1st-degree burglary for his role in an incident at a casino here in the St. Louis area. After beating up on the State's two key witnesses, the prosecutor agreed to amend the burglary charge to a simple peace disturbance, for which my client spent neither a day in prison nor paid a single cent as a fine, instead being placed on probation for a one-year period. The key is to hire the best criminal defense lawyer that you can afford in order to minimize or eliminate the harsh negative consequences that can stem from such a charge. Good luck to you.
John M. Eccher
WARD & ECCHER | Trial Attorneys
If you have further questions related to this matter, or future questions related to another matter, please don't hesitate to contact me directly. The choice of a lawyer is an important decision and should not be based solely on advertisements. Past results afford no guarantee of future results. Every case must be judged on its own merits. Additionally, as outlined by Avvo.com, remember that information posted or made available on or through the Site, including without limitation any responses to legal questions posted in Avvo Q&A, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.