QUESTION

My son is in jail for armed robbery, possession of firearm, and cruelty to animals, should we go to trial?

Asked on Mar 02nd, 2016 on Criminal Law - Michigan
More details to this question:
My son took the gun from the victim, they tussled, victim had a dog, dog charged at my son, my son killed the dog. Only evidence is victims word against my son. A plea is being offered for the possession of gun, which I believe is mandatory 2 years. Would it be smart to go to trial?
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2 ANSWERS

Criminal Law Attorney serving Royal Oak, MI at James S. Lawrence
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A lot more information is needed to give a worthwhile answer. Did the son try to take property from the victim? Under Michigan law an attempt to rob while armed constitutes armed robbery. [A completed taking is no longer required]. If he did not try to take anything then he should be found not guilty. Possession of firearm could be a few different crimes. I suspect you are talking about felony firearm, that is, possession of a firearm while committing another felony. If he was not committing another felony then he is not guilty of felony firearm. As for cruelty to animals, self-defense is a valid defense to that charge, if supported by the evidence. Did your son make statements to the police? What did he say? In some cases statements to police can be suppressed from evidence, meaning they cannot be presented by the prosecutor at trial. Were items seized as a result of a search? In some cases items seized can be suppressed for illegal search. In general, you would go to trial if he has a reasonable chance of winning a trial, and/or the prosecutor is not making any good offers.
Answered on Mar 03rd, 2016 at 3:42 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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If the facts are as portrayed, is your son willing to spend two years in prison as a result? It would seem to me that he would want the best defense possible or some of the facts are either not has related to you or there are additional facts you are not aware of. On the other hand, if there was indeed attempted armed robbery by your son of the victim, two years would be extremely favorable sentence.
Answered on Mar 03rd, 2016 at 3:42 AM

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