Q: Why is someone charged with robbery, assault, assault with a deadly weapon when it's proved they were not at the scene?
My brother ( no record at all) took our cousin & his friend to someone's house, he dropped them off, went down the street to gas the car, went back and there were 6 people in the yard fighting and bloodied. He got out of the car when he saw my cousin was bleeding, one of the hispanic men grabbed his shirt and told him to leave. He did then called 911. His DNA is on nothing, he never handled a weapon, the two who did this admitted when they pled guilty that he knew nothing, they used him for his car. Still the judge was harsh and gave him 25 years. He had a court appointed attorney who cried when pictures of the "victims" were shown to the Jury. 2 of the jurors fell asleep at the trial. They found him guilty of 6 out of 7 counts with no evidence at all! The only thing is he lied to the detective when questioned the first time, said he went to pick my cousin up, ( I know, he should have asked for a lawyer) but asked for another meeting and told the truth. So they convicted him of lying .
A: While your question asks "Why is someone charged?", you indicate that he was convicted. If it can be proven that there was insufficient evidence, an appeal might be fruitful.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
