Legal Question in Criminal Law in Pennsylvania

i have robbed some one with a gun that was plastic i pointed the gun at him and told him to give me his money with a friend.my friend took the gun and hit him with it.we then ran and got rid of the gun. later on that night,about 30 mins. later,the police stopped me for wearing a white shirt.he said"i fit the description."he then took me to the police station and took a picture of me for a line up.

am i authorized to tell him i don't want to take the picture?

also the guy picked me out of the line up.the officer called my home and told me he wanted to talk about the situation.he read me my rights and i said i wanted a lawyer.he then said"this will be easy then i will file the charges tonight."he then said"i would put you in jail tonight but i dont feel like baby sitting so you can go home and wait for the court papers."

does this mean he is still trying to collect evidence?

i also have a lady that will say i was with her around the time of the robbery.

how can i beat this case?


Asked on 7/13/10, 9:21 pm

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

You need a lawyer immediately. I see nothing wrong with the police conduct you describe. You had no right to refuse to have your photo taken for the lineup. The police probably are still investigating, but that's normal. Investigations of serious crimes like this usually aren't wrapped up in a few hours, even if a suspect is already behind bars.

The officer's decision not to lock you up may indeed mean he feels he needs more evidence (in particular, it may mean the victim didn't really pick you out of the lineup), but that is not necessarily true.

Finally, if your friend lies to the police for you she will be committing a serious crime. It will become even more serious if she lies under oath. If she does either or both of these things at your behest, you will be guilty of additional crimes, too. That strategy is likely to make things much worse for you, and to create very serious problems for her. You're not much of a friend if you're putting her up to this.

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Answered on 7/14/10, 7:10 am


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