A friend of my has been charged and convicted with armed robbery and is currently serving a 15-35 year sentence. During their trial, it was stated by the prosecutor that the defendant was indeed not guilty. Also stating in trial records, there was not enough evidence to charge and/or convict for armed robbery. However, my friend was still convicted with the greater charge of armed robbery.
You are missing some part of the situation. If your friend was convicted, someone, either judge or jury, thought that there was enough evidence to convict. You need to speak with the attorney that represented your friend at trial to find out exactly what was said.
This answer is for general information purposes only. This answer does not create an attorney-client relationship. Since this is a public forum, the information provided is not protected by the attorney-client privilege.
The prosecutor never said that at trial. If the prosecutor believed there wasn't enough evidence to convict, or that the defendant was indeed innocent they would've dismissed the charges and never went to trial.
Perhaps you were confused as to which attorney was the prosecutor and which was your friend's attorney.
It looks like you might have your facts wrong. If the prosecutor said the defendant is not guilty, the prosecutor or defense counsel would have moved to dismiss. Remember also that even if the defendant is never at the scene of the crime, he still might be convicted as an aider and abetter. You should hire an attorney to go over all the transcripts to determine if there is a basis for a motion seeking to overturn the conviction.
You and I do not have an attorney-client relationship formed by our communications on this website. Comments made by me on this website are general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information. You can contact me at [email protected]
What ever was said, it is probably an issue of fact that will help towards appealing the conviction in an attempt to get it overturned. Be sure that an appeal is pursued.
There has to be something more to this. There is simply no way that a prosecutor putting someone on trial would concede their innocence at trial. If that was the case the prosecutor would have dismissed the case. Something is just not adding up here.
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