Legal Question in Criminal Law in New Jersey

1st Degree Robbery

I was arrested and charged with 1st degree robbery, I was arrested because a witness said I acted very nervous and strange before the robbery occured. This witness is a co-worker. There is no physical evidence against me. I just received my discovery package and I have the audio statement from this witness, he now changed the original statement and said I was acting nervous and strange after the robbery not before. Now my question is can the whole case be dismissed because of his statement change? or can any statement from me to the police be excluded after being arrested since my arrest led to his false statement? Thanks


Asked on 9/11/02, 2:09 am

2 Answers from Attorneys

Evan Levow Lutz, Levow & Costello, P.A.

Re: 1st Degree Robbery

This witness's credibility will be the issue that will be tested. If he said one thing before, that was heard by someone else, that is now different, you are on your way to discrediting hime. If you are the only one who heard him say that you were nervous before the robbery, not after, then it is going to be a credibility test between the two of you.

If that's all they arrested you on, someone saying you were nervous, your arrest should be suppressed anyway. That is not probable cause for arrest. It may be sufficient to simply question you.

Your confession/statement will be based on the voluntariness of the situation surrounding it. As long as you didn't admit to the crime you are OK. Even if you did, you may still be OK.

Nothing will get dismissed without motion hearings or a trial, unless someone else comes forward and says the witness is full of you know what, and as long as you didn't confess.

Where is this venued? Bridgeton? Do you have a Public Defender?

If you have any questions, please feel free to call. 888-777-0455.

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Answered on 9/11/02, 4:24 am
Savyon Grant Law Office of Savy Grant

Re: 1st Degree Robbery

I am an experienced criminal defense attorney in the State of NJ. You need to have an attorney represent you and speak to the prosecutor. Your attorney may get a dismissal, but it is not as simple as you think. There maybe additional discovery that refers to you. I do not know much abount your case, but you are facing 10-20 years where you may have to serve 85% of the time prior to being eligable for parole.

You are more than welcome to call my office for a free phone consultation.

Savy Grant

201-646-9600

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Answered on 9/12/02, 11:56 am


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