Legal Question in Criminal Law in Virginia

Bank Robbery

You give a stranger a ride to bank, you wait in front of bank in your car, stranger robs bank w/ note and comes out of bank, gets in your car, threatens you with gun and says to drive. You drive until police pull you over. Robber runs from cops but is caught. You cooperate. Robber tells police that you knew nothing about robbery or intention to rob. You tell same story to cops. You are arrested and charged w/ bank robbery & firearm charge, but you are completely innocent. You are held in jail w/ bond of $50000. Police investigator knows you had no knowledge of robbery until after when robber threatened you and told you to drive. How do you prove your innocence? What will be the final charges? Comm. Atty. does not believe truth and will not lower bond. Is it possible to have these charges dropped or be found innocent? No previous criminal record. Any advice????


Asked on 9/18/00, 7:30 pm

1 Answer from Attorneys
Robert Smallenberg Robert H. Smallenberg, P.C.

Re: Bank Robbery

You do not have to prove your innocence, the Commonwealth has to prove guilt beyond a reasonable doubt. If the facts are exactly as stated in the post, it would seem likely that the charge would be dropped at the preliminary hearing level which is when a general district court judge determines whether or not there is probable cause to believe (1) a crime has been committed and (2) that the person charged committed that crime. It also seems likely that there must be some facts that are not included in the post as police and commonwealth's attorneys are not normally in the habit of wasting time by pursuing cases not supported by at least some evidence.

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Answered on 10/19/00, 11:03 pm


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