Q: Can the state of Louisiana charge you with armed robbery, if they don’t have a victim or evidence of armed robbery?
A: Can they charge or file a bill of information? They can but it most likely would be defective if they do not have a victim alleged in the bill/charge. That said, if there is no victim and/or no evidence, then the State would not be able to convict ---I would strongly have one involved in this situation consult and possibly hire a criminal defense lawyer as if what you allege is truly the situation, then you do not want to be found guilty of anything and/or plea guilty to a reduced charge.
A: The state can always charge you. If the issue is proof of an element a trial is required. technical deficiencies can be handled by o motion to quash. the motion to quash if granted would end the prosecution. The ability of the state to prove what they claim is an issue for the jury to decide.
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.
