QUESTION

Can someone be charged with armed robbery with no witness or evidence to prove a crime was committed?

Asked on Nov 04th, 2012 on Criminal Law - Michigan
More details to this question:
My brother is currently incarcerated for 2 counts of arm robbery and 1 count of use of firearm. When he first got arrested he told them he didn't have nothing to do with crime than after a few day of interrogation he confessed to the crime not knowing he was taped. The witness dropped the charges and they have no evidence but his gun, which was not on him at time of arrest and is registered. Public defender wants him to plea and testify against other person and get 8 years.
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8 ANSWERS

Michael J. Breczinski
I would need to see the police reports before I could give an opinion on the matter.
Answered on Nov 09th, 2012 at 5:05 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Even the most inept prosecutor would never charge someone with a crime with no evidence and no witnesses. There must be something or else they wouldn't have brought charges. There has to be a victim, i.e. witness, in order for armed robbery to have occurred. The statements by the witnesses or victims, whether they are pressing charges or not is evidence and whether they want to appear in court and testify or not, they can be compelled to do so. Also, if he confessed, that is evidence as well. If the gun that was used can be traced back to him, that is evidence as well. Armed Robbery is a very serious offense and he needs an experienced criminal lawyer to represent him.
Answered on Nov 08th, 2012 at 4:31 AM

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Immigration Attorney serving Salt Lake City, UT
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Yes, your brother can be charged. His confession is enough evidence to convict him. He should probably listen to his public defender.
Answered on Nov 08th, 2012 at 3:58 AM

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John J. Carney
Most criminals are not very good decision makers. The police will manipulate them into confessing and that takes all the bargaining power away from their attorney. The prosecutor can then demand that you plead to the charge and you can only try to get less than the maximum. The victim does not have the power or the right to "drop the charges" and he must have reported the crime and identified the perpetrator so the prosecutor did have plenty of evidence. He had a witness to the crime and possibly the gun that was used. Your brother committed a very serious crime and if he has a prior felony the sentence will probably be 8 years or more. He could get 15 years for armed robbery and prosecutors do not reduce armed robberies or gun charges. Judges will only give minors a break on such violent crimes, and even minors will get long sentences if they have a record or use a gun. If he had remained silent he might have gotten a better deal or even beat the charge, but he confessed and that is bad for him but good for society as people who commit such violent crimes are very dangerous and the public must be protected. Hopefully he will change his ways and become a productive member of society.
Answered on Nov 06th, 2012 at 10:48 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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If there was no evidence whatsoever, how can they charge him? It sounds to me like he needs an aggressive attorney on his side, or he will be going to prison.
Answered on Nov 06th, 2012 at 5:12 PM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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In NY State court a conviction cannot be based on a confession alone. The DA need some evidence to corroborate that a crime took place. If the DA subpoenas the victim and forces him to testify he was robbed that would be enough.
Answered on Nov 06th, 2012 at 5:12 PM

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The confession is all they need. What other evidene do they need?
Answered on Nov 06th, 2012 at 5:11 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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He need to hire an attorney but his admission is going to be a problem. He needs a retained criminal attorney, 8 years is a very long time in a prison.
Answered on Nov 06th, 2012 at 5:11 PM

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