Legal Question in Criminal Law in California

Robbery

My sister was recently arrested two months ago on a warrant issued about 2 years ago. When she just turned 18 [now almost 20] she used drugs and was with two other people who went to rob a couple of people who sold drugs. In the police report the victims of the robbery stated that she didnt do anything except that she was there, in a 2nd police report taken about 5 days later after the incident they completely changed their story and stated my sister was the ring leader and held, pointed the gun at them. these victims had a large background of convictions themselves, while this would be my sisters first offense as an adult. she is due for a preliminary hearing in a few weeks and i need some advice as to what might happen. we were told that there is no physical evidence whatsoever and the victims arent going to show up at the hearing. what are the chances my sisters case will get dismissed, or receive a light sentence considering the two different stores in the report, the backgrounds of the victims, and no physical evidence to prove she had anything to do with the robbery?

my sister is also the mother of a 10 month old baby, and this case is nearly two years old.


Asked on 5/08/04, 2:08 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Robbery

I'm not sure what you expect from an answer to your question. I can tell you that she faces potential serious jail time, and that witnesses will be subpoenaed to appear whether they like it or not, but how does that help you or her? What she needs is a good criminal defense attorney, not anonomous internet advice on the punishment she might face. If she wants to discuss hiring counsel, please feel free to contact me.

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Answered on 5/10/04, 1:02 pm
robert nudelman criminal defense associates

Re: Robbery

The burden of proof that the D.A. needs to meet at the preliminary hearing may be met by the officer testifying instead of the witnesses. The question is really what proof the State has at trial, and is it enough to convict your sister. Please call my office for a free consultation if you have any other questions at (800) 313-9619

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Answered on 5/08/04, 10:08 am
George Woodworth Law Office of George Woodworth & Associates

Re:Your Robbery question.

Unfortunately, the standard of proof for a Prelim is not very high, and thus with the change in the law that allows a cop to testify as to hearsay your sister may be "bound over to Superior Court for Trial" quite easily despite the problems that you cite for the DA. Your sister can get State Prison for this offense. I would advise that you retain a very good, and very experienced Attorney. If you would like to discuss this matter, you may contact me at: (562) 929-7422, or email me. Attorney George Woodworth

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Answered on 5/08/04, 2:22 am


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