Legal Question in Criminal Law in California

hi,

my brother and a person he knew went and robbed a liquor store in california and the other guy was let go in exchange for being a witness and testifying my brother. here are the facts

1. They didnt find the weapon (gun)

2. They didnt test his hands for gun powder.

3. The states witness is a known crystal meth/heroin addict (credibility?)

4. The person he knew was driving the getaway vehicle.

My brother has been in trouble for theft in the past and was on parole when it happened. Will the state be able to prove their case based on that information to a usual jury of his peers? Please answer me back as soon as you can. Iam an anxious brother.

Kody Walker


Asked on 11/23/10, 7:02 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

There are no particular types of evidence that the prosecutor must use in order to win a case against your brother. It probably won't matter that the police haven't (yet) found the gun. That no one tested your brother for gunpowder residue is also unlikely to be a problem, especially if no one claims he fired the gun -- or that it was fired at all. There may be issues with the other witness's credibility, but the jury can decide to believe his testimony anyway.

What you need to focus on is the evidence the prosecutors *do* have, not the evidence they don't. They probably have eyewitness testimony from at least one other person in the shop, and they probably have surveillance footage too. They may have fingerprint evidence. It's also likely that there are other types of evidence available to them. That can be more than enough to secure a conviction.

Your brother needs a good defense lawyer right away.

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Answered on 11/28/10, 7:30 pm


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