Legal Question in Criminal Law in Virginia
attempted robbery
defendent is being held for attempted armed robbery, no evidence has came up against him and victim has moved away and is not come to court for preliminary hearing can this case be dismissed?
Asked on 5/22/09, 6:39 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: attempted robbery
There must be some evidence against him which is in the possession of the Commonwealth, otherwise your friend would not have been arrested and held in custody to the present. However, whether that evidence may be sufficient for the Commonwealth to prove its case against him beyond a reasonable doubt may be doubtful without the testimony of the alleged victim in the Commonwealth's case.
Answered on 5/23/09, 11:06 am
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