Ok, Cop says they have evidence, he doesn't, can the suspect be charged?

Question

Okay, my cousin was standing outside a Little Ceasers when someone he had just met, & played a game of basketball, went inside to buy a pizza. The dude robbed the place while my cousin was outside, and now my cousin is being charged with Aggravated Robbery and Threatening/Intimidation. The cop lied and said that he had Audio/Video of my cousin robbing the place, and he said 'Well, if you have video then why am I sitting here w/ cuffs on?' They really didn't have Video, and he is inocent, is there any way we could use this to our advantige?

Okay, my cousin was standing outside a Little Ceasers when someone he had just met, & played a game of basketball, went inside to buy a pizza. The dude robbed the place while my cousin was outside, and now my cousin is being charged with Aggravated Robbery and Threatening/Intimidation. The cop lied and said that he had Audio/Video of my cousin robbing the place, and he said 'Well, if you have video then why am I sitting here w/ cuffs on?' They really didn't have Video, and he is inocent, is there any way we could use this to our advantige? oh, yeah, and they are trying to get him to do at least 3 1/2 years in PRISON, he is a minor being charged with Class 3&4 FELONYs as an adult, and he was outside with a friend of his.

they also said that if he pleas guilty then they will probably give him probation, but they said that the range in years is 2 1/2 - 8 3/4 years in prison and a record to haunt him. Also since he is 17 and his b-day is Sept. 2nd would there be anyway for him to get out then?

no, he wasn't smart mouthing the cops, ok maybe a little, but yeah... anyway also Aggravated does not nessicaraly mean with a weapon, it also can mean two or more people were involved.

Okay, basicly... He DID NOT have a weapon, he was outside when this happened playing a game of arms (hitting game with 2 or more ppl) and was in the store when he paid but not even on the property of Little Ceasers when it happened, also saying 'if you have audio/video of the robbery then why am I sitting on the curb in cuffs' could not possibly be considered as threatening or intimidation. The guy who robbed the store he had just met that day... ok there were 6 people in this group total, 2 12yo 1 13yo 2 17yo and 1 older than 17... aka ?? but my cousin and his friend (the 2 17yo) were the only ones who didn't run, as all the others did. Also the part of threatening and intimadation came in when this dude that worked at LC came out, my cousin had known him (and had been fighting with him) since the 3rd grade, he said something (the guy who worked there) and my cousin said "dude I will kick your *bleep*" as he walked away.

Answer 1

If the cop doesn't have the evidence, then the District Attorney won't prosecute the case. The cop just told you're cousin that to try and make him confess. You're cousin is strait.

Answer 2

You're getting a smidge of good information and A LOT of bad information. Yes, your cousin can be charged, but that's not the same as a conviction. Secondly, if it's "aggravated robbery" that means he had a weapon. The proof is in the pudding. Either he had one or he didn't. They have to prove that he did.

You need to get him an attorney. He is NOT a minor in this case and at 17 can be charged as an adult. But that doesn't mean it has to be that way. If he's never been in trouble before, then that's a strong mitigating factor in whatever they think they have against him. Being with the guy who did the robbery does make him an accomplice, but a good attorney can get them to drop charges. If he opened his mouth and got smart with the cops, then that's "Threatening and Intimidating". He needs to shut up and talk to no one other than his attorney at this point.

Answer 3

Talk with a lawyer. Sounds like he was trying to force a confession from your cousin and that is illegal, especially if there was no lawyer present. There are probably other things you can claim against the cop in a court of law based on those actions, but an attempt to violate his civil rights would be a good start. The lawyer can give better info though.

Answer 4

Randy is basically astounding, yet he quite did not choose a tremendous reaction like that... Canadian police officials might want to imagine of three staple products: arrest, rights, caution. Arrest: you're below arrest for reason X Rights: you've the right to preserve and educate legal council, in case you are able to't have sufficient money... yadda yadda. caution: something you're saying would properly be taken as info... yadda yadda. One exciting tidbit, there is one extra excellent that applies particularly situations. As in line with the Vienna convention on Consular relatives contributors (1967 i have self belief), if someone who's a citizen of yet another usa is arrested in Canada, they have the right to have their nearest consulate notified of their arrest. Randy did also contact in this, yet there have been court docket rulings that take care of the ability of at the same time as/the way you're to receive those rights. operating example, the officer would not might want to quote the precise element of regulation that he's arresting you below. merely the worry-loose call is suited. also, police officials can caution you formerly you're even arrested in the journey that they imagine something you're saying would incriminate you later.

Answer 5

Yes, they can charge you with anything. I was charged with assault and battery for a fight that happened between my husband and another person. I was just there AND i was 6 mos pregnant. I was sitting with handcuffs on IN JAIL. Cops can do ANYTHING. they are the biggest mafia group ever. You just have to get a good lawyer. No public defenders 9 out of 10 times you lose. Your cousin is probably ok. Just get a good lawyer.

Answer 6

Alot of times, officers work off intimidation to garnish cohorts to turn on one another so they can rely on confessions and plea bargains rather than collecting real evidence. Your cousin's situation sounds and probably appeared suspicious, as if being a lookout. However, if there is no real evidence, the charges will probably get dropped before ever seeing a courtroom.

Answer 7

If he was with the dude that robbed the store that is why he was arrested. The police had a reasonable suspicion to think he was involved in the crime, so you cannot sue the police.

But if he was not in the store you have a hell of a defense at trial.

Answer 8

suspect cannot be charged if the evidence is invalid or in this case there is none, you can request the person in the store to serve as your defendant and prove his innocence and possibly charge the real criminal, possibly charge the lawyer, and possible charge yes the cop too i hope this helps.............and i understand that u asked here b4 spending money on a real lawyer and dont rely on appointed attorneys "if u cannot afford one" the police scam u with bad lawyers

Answer 9

in Ca they have 72 business hours to charge you. If they cannot you will be released. Your cousin needs to keep his mouth shut "Miranda Rights, You have the right to remain silent, ANYTHING you can and WILL be used against you""and the family needs to contact a good lawyer.

Answer 10

being a minor,.. he must have a parent or lawyer present before questioning.
interrogations are suppose to be recorded for the officers protection as well as the defendant.
His lawyer { I hope he has one} can have that tape entered into evidence.
If he didn't do it,..the store owner should know.