Legal Question in Criminal Law in California

Robbery case

MY FIANCEE IS FIGHTING A CASE FROM INSIDE RIGHT NOW, AND HE DIDNT DO THE ROBBERY HIMSELF, HE WAS IN THE STORE WHEN IT HAPPENED BUT WALKED OUT WHILE THE ROBBERY WAS IN PROGRESS,BUT, THE KID THAT DID THE ROBBERY SEEN MY FIANCEE AND TOLD THE COPS LATER THAT MY FIANCEE MADE HIM DO IT, HE HAS CHANGED HIS STATEMENT 3 DIFFERENT TIMES, TO 12ST WHERE MY FIANCEE HAD NO INVOLVEMENT, TO NOW THE 3RD STATEMENT, THAT MY FIANCEE PUT A GUN TO HIS HEAD AND MADE HIM DO IT. BUT THATS NOT THE CASE. I WAS WITH HIM WHEN HE STATED MY FIANCEE MADE HIM DO IT EARLY THAT EVENING, WE HAVE 3 WITNESSES STATING THAT WHAT THIS KID IS SAYING IS FALSE?? HELP? HE DOES HAVE PAST CONVICTIONS, BUT HE WAS JUST AT THE WRONG PLACE AT THE WRONG TIME! ITS ON VIDEO TAPE! WHAT IS HE LOOKING AT AND WHAT CAN HELP HIM HERE?now they are trying to give my fiancee 10yrs for the ''aggravated '' part of it , and the kid 4yrs!! WHY? He didnt even make ANYBODY do ANYTHING!


Asked on 6/27/07, 11:23 am

4 Answers from Attorneys
Eric Sterkenburg Law Office of Eric Sterkenburg

Re: Robbery case

It sounds like your Fiancee needs to take the case to trial. Do not do that without a good trial attorney. If what you say can be proven in court and the jury beleaves it he will walk on this.

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Answered on 6/27/07, 11:45 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Robbery case

Please turn off your Caps Lock key if you want to be taken seriously. Like the other attorney said, either get a lawyer and fight it, or go with the public defender, and see you in 10 years.

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Answered on 6/27/07, 12:57 pm
David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

Re: Robbery case

If your fianc� is asserting he is not guilty, he needs to tell his current counsel that he wants to go to trial. Now, if he can establish the alibi you indicate he has, then you might, I emphasize "might", be able to show this evidence to the prosecutor to see what they want to do. Unfortunately, too many prosecutors do not take such evidence seriously. But absent some kind of legal basis for the court dismissing the case (and the court does not dismiss the case on the evidence pretrial), he has to get in front of the jury and proceed with trial. Unlike the other comments, I do not agree that a public defender is worthless. There are very good public defenders. Unfortunately, there are some very bad ones as well . . . just like there are very bad private lawyers who will take your money and do nothing for you. With the public defender, the biggest problem is that they are overworked and might not have the time to devote to the case. But as I stated, I know some fantastic public defenders. The only question is whether or not your fianc� really wants to go to trial. If so, he needs to hire a lawyer to do just that, or tell his PD that he is not taking any deal and that he wants to go to trial.

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Answered on 6/27/07, 3:17 pm
Terry A. Nelson Nelson & Lawless

Re: Robbery case

Since you are not an attorney, you can't do anything to help him except hire an attorney for him. The attorney can use whatever law, evidence and witnesses are available in apppropriate motions and at trial. No 'hints and tips' or sympathy you may get anonymously over the net are going to do him the slightest good. He obviously faces prison time, so feel free to contact me if serious about getting counsel for him, if the case is in SoCal.

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Answered on 6/27/07, 4:24 pm


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