Q: My boyfriend has been arrested for first degree robbery on feb 16 and hasn’t yet been arraigned in this matter.is there
Detective said his walk was similar to the person in the video who was completely covered. A detective who new him 10 yes ago said he recognized him by his walk is this legal and can it hold up in court
A: If the only evidence against your boyfriend is an identification of your boyfriend's "walk," then I don't see the case holding up in court. If he was arrested with a warrant, however, then a judge has already made a finding that there is probable cause to charge him; and there is likely more evidence about which you may not be aware. In that case, he would probably have to push the case to trial in order to be vindicated. If he was arrested without a warrant, then his lawyer could file a Motion to Dismiss, which could potentially get the case thrown out significantly prior to trial.
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