Q: i was arrested for larceny grand theft auto, because the couple who stole the car, said i was there.
the couple said i was there, but there’s no physical evidence of me being at said crime. nor was i near the vehicle when it was recovered. but my successor council guy, is telling me to take the 2 years probation, because they offered me withheld adjudication, even though i didn’t commit this crime. he told me that the state has a statement from my codefendant, “hear say”, and that only argument, is enough to find me guilty, however me not being near the vehicle when found, victim didn’t see me near this car, but she pointed them out in a line up, there’s no actual proof, no dna, just hear say, isn’t enough to prove me innocent?? all 3 codefendants plead guilty. except me, i wanna go to trial. all 3 of them are back in jail for VOP and GRAND THEFT AUTO. i haven’t been back since the original arrest. but i missed court this morning because i over slept , so they canceled trial and issued a warrant. what should i do? hire a lawyer first? get my bond ready? i’ve had only 1 recall before.
A:
A witness can testify as to what they personally witnessed. If these witnesses are back in trouble again, they may be reluctant to do so. On the other hand, the Sate may be willing to offer them a deal to testify against you. All of that can be brought out in a trial if there is evidence to support it.
It sounds like there is evidence to justify a trial as long as you are aware of the risks of a prison sentence. this is not the forum to discuss trial strategy. Also take into account any prior convictions. Sit down with your current counsel in a face-to-face meeting and discuss what your options are. Just remember, juries are very unpredictable. Many a person has been convicted with "no physical evidence" being presented.
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