QUESTION

Can he be convicted?

Asked on Mar 17th, 2019 on Criminal Law - Colorado
More details to this question:
My boyfriend is being accused of being at a crime scene and 2 people are saying he was there but their stories don’t match up and the second person saying he was there first said he didn’t even know him and now is testifying for a better plea deal. They have no finger prints the victims can’t identify him and they took DNA and it matched nothing and they went through his phone and social media also not finding anything. They are trying to give him 15-20 years and we’re about to have a baby next month. And they are also trying to say his shoe prints were there but the shoes they have as “evidence” i gave to him October 24th for his birthday and this crime took place the 21st and i have video proof of this and shipping and delivery dates of the shoes but no one has contacted me when he has told them to multiple times. His attorneys told him he shouldn’t take it to trial though because they can max him out at 40 years. What should we do?
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1 ANSWER

Criminal Defense Attorney serving Boulder, CO at Miller & Harrison, LLC
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This is a very tough situation.  Without looking at everything in the case - police reports, lab results, etc. there is no way an attorney can give advise on which way to go here.  The risk is extremely high.  That being said, if he is willing to take the risk, the decision as to whether to go to trial is your boyfriends - it is his life that is at stake, so if he decides to go to otrial, his attorneys have to honor that and proceed.
Answered on Mar 18th, 2019 at 6:55 AM

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