Monday, February 6, 2012

Ok, Cop says they have evidence, he doesn't, can the suspect be charged?

Okay, my cousin was standing outside a Little Ceasers when someone he had just met, %26amp; played a game of basketball, went inside to buy a pizza. The dude robbed the place while my cousin was outside, and now my cousin is being charged with Aggravated Robbery and Threatening/Intimidation. The cop lied and said that he had Audio/Video of my cousin robbing the place, and he said 'Well, if you have video then why am I sitting here w/ cuffs on?' They really didn't have Video, and he is inocent, is there any way we could use this to our advantige?Ok, Cop says they have evidence, he doesn't, can the suspect be charged?
If the cop doesn't have the evidence, then the District Attorney won't prosecute the case. The cop just told you're cousin that to try and make him confess. You're cousin is strait.Ok, Cop says they have evidence, he doesn't, can the suspect be charged?
Talk with a lawyer. Sounds like he was trying to force a confession from your cousin and that is illegal, especially if there was no lawyer present. There are probably other things you can claim against the cop in a court of law based on those actions, but an attempt to violate his civil rights would be a good start. The lawyer can give better info though.
No, actually you can sue the cop for thatOk, Cop says they have evidence, he doesn't, can the suspect be charged?
Alot of times, officers work off intimidation to garnish cohorts to turn on one another so they can rely on confessions and plea bargains rather than collecting real evidence. Your cousin's situation sounds and probably appeared suspicious, as if being a lookout. However, if there is no real evidence, the charges will probably get dropped before ever seeing a courtroom.
they are just trying to make him confess. was there an eye witness that is saying it was him? he just needs to keep pleading innocent no matter what. good luck.Ok, Cop says they have evidence, he doesn't, can the suspect be charged?
Yes, they can charge you with anything. I was charged with assault and battery for a fight that happened between my husband and another person. I was just there AND i was 6 mos pregnant. I was sitting with handcuffs on IN JAIL. Cops can do ANYTHING. they are the biggest mafia group ever. You just have to get a good lawyer. No public defenders 9 out of 10 times you lose. Your cousin is probably ok. Just get a good lawyer.
Just like with all the people who ask medical questions here - WHY aren't you asking someone who KNOWS the law.

There's the old ---"if you cannot afford one, an attorney..." so, there's NO reason NOT to have one.

One thing to remember though, he IS your cousin, but if YOU weren't there to see if for yourself................

I truly wish you the best..................
suspect cannot be charged if the evidence is invalid or in this case there is none, you can request the person in the store to serve as your defendant and prove his innocence and possibly charge the real criminal, possibly charge the lawyer, and possible charge yes the cop too i hope this helps.............and i understand that u asked here b4 spending money on a real lawyer and dont rely on appointed attorneys "if u cannot afford one" the police scam u with bad lawyers
Only thing I can tell you is get a cut throat attorney to prove his innocence and don't take any deals. By taking a deal that makes him look guilty. He needs to take it to trial and prove he had nothing to do with it!
in Ca they have 72 business hours to charge you. If they cannot you will be released. Your cousin needs to keep his mouth shut "Miranda Rights, You have the right to remain silent, ANYTHING you can and WILL be used against you""and the family needs to contact a good lawyer.
being a minor,.. he must have a parent or lawyer present before questioning.

interrogations are suppose to be recorded for the officers protection as well as the defendant.

His lawyer { I hope he has one} can have that tape entered into evidence.

If he didn't do it,..the store owner should know.
contact 20/20....they did a special on (illegal) intimidation tactics officers use to get a confession from innocent people all the time
You're getting a smidge of good information and A LOT of bad information. Yes, your cousin can be charged, but that's not the same as a conviction. Secondly, if it's "aggravated robbery" that means he had a weapon. The proof is in the pudding. Either he had one or he didn't. They have to prove that he did.



You need to get him an attorney. He is NOT a minor in this case and at 17 can be charged as an adult. But that doesn't mean it has to be that way. If he's never been in trouble before, then that's a strong mitigating factor in whatever they think they have against him. Being with the guy who did the robbery does make him an accomplice, but a good attorney can get them to drop charges. If he opened his mouth and got smart with the cops, then that's "Threatening and Intimidating". He needs to shut up and talk to no one other than his attorney at this point.
If he was with the dude that robbed the store that is why he was arrested. The police had a reasonable suspicion to think he was involved in the crime, so you cannot sue the police.



But if he was not in the store you have a hell of a defense at trial.

No comments:

Post a Comment