Legal Question in Criminal Law in California

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if victims discription of assailant does not fit the subject arrested yet charged and convicted,even when victim testifies in trial police told her/him this person was the one who committed the crime. no tattoo,no bold/shaved head, no accent nor crooked teeth as dicribed by witness.arressted 12 hour after the crime. also charged with robbery and burglary even though officer who responded to the home of said robbery testify in court there was no signed of ransack on braking in the home,although victims claimed they had ransack their home. nofingerprints either.officer stated in court victim continues to change story.


Asked on 7/30/07, 3:38 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: discription

If the other evidence against the defendant is strong enough, a jury could find him guilty beyond a reasonable doubt despite the problems you describe. He may have a good argument on appeal based upon the police telling the victim who the culprit was, but if the defendant didn't identify him this argument may not be very strong.

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Answered on 7/30/07, 2:07 pm
Terry A. Nelson Nelson & Lawless

Re: discription

If your complaint/question is that you got convicted and thought the trial didn't turn out the way you wanted, oh well. You had the right to have competent counsel to defend you, and you had the right to appeal the conviction on whatever valid grounds there were. What else would you like us to tell you? Complaining about the 'facts' now is of no value.

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Answered on 7/30/07, 2:11 pm


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