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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27019
Experience:  16 yrs. of experience including criminal law.
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Ok, so I have a buddy who has a case where he is facing robbery,

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Ok, so I have a buddy who has a case where he is facing robbery, conspiracy to commit robbery and 2 3rd degree assaults but played a very small small role in the whole situation. What happened was someone he was with hit someone and my friend didn't do anything until someone hit him and he hit them back(Self-Defense). . . . . . 10 dollars was taken I guess which he was not aware of until long after the fact. . . . . And my friend was the only one to cooperate with the police . . . .and pretty much gave them enough information to actually have a case. This is his first adult case, and I'm just wondering what might happen when he goes to court.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 4 years ago.
If he is convicted of conspiracy, he is liable for all the acts of the co-conspirators.

Also, there is no right of "self defense" when your embarked on a criminal endeavor.

Conspiracy is a very tough charge...since if the state can prove it, they can hold the person accountable for all the crimes the co-conspirators commit during the execution of the conspiracy.

Your buddy needs a good lawyer to represent him and assist him through the court process


Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
Customer: replied 4 years ago.
The detective he was working with said that since he was the only one that was cooperative at all they would work with him. . . . But if convicted for a 1st time offender how long would he be looking at?
Expert:  P. Simmons replied 4 years ago.
Depends. Were there any injuries? Damage to property? Was the stolen money/goods returned?

All theses are factors.

For a first offense, if there were no injuries, and the money was returned, there is a good chance he would get probation after the conviction.


Customer: replied 4 years ago.
One person was injured and needed a fair amount of stitches in his face but my buddy didn't lay hands on that person the only person he hit was not injured and he punched him once after he was strikes first. No property was injured, and 10 dollars was taken which he never knew of because one of the people he was with took it.
Expert:  P. Simmons replied 4 years ago.
Will not matter, as a co-conspitator, he is liable for all the acts of the other conspirators...legally its the same as if he hit the dude and caused the injury

Customer: replied 4 years ago.
Alright man I appericiate your time, I have one more question for you and thats it. . . . The charge has no visual evidence no cameras or anything it is all here say the detective in the case had no leads until he went through the phone logs and found my buddys number and my buddy is the only one who gave him information. . . .One of the people that he gave information about who played the biggest role in all of it was someone the courts have a big past with and at the time he was on release from a half way house and just got out of a prison a week prior. Without my buddys information noone would have been caught. Also, the other 2 involved were issued warrants based on my friends information and my friend was issued no warrants but just a court summoned. Based on your prior experience what would you expect as my buddys punishment based on this information.
Expert:  P. Simmons replied 4 years ago.
Does you buddy have a lawyer yet?
Customer: replied 4 years ago.
No he doesn't
Expert:  P. Simmons replied 4 years ago.
Thanks

And that is the problem. Its good to understand that a promise from a detective to “help” is just about worthless. I will not say fully worthless...since there can be some value at the sentence hearing...but the detective is/was not his friend...the detective just wanted to solve the case and your friend was kind enough to assist...to his detriment.

The problem is that now the “cat is out of the bag” your friend has little to no leverage. He has confessed. He is done.

That said, he has not pled guilty...so he has that chip to bargain with. But going forward he needs an attorney to help him negotiate...not with the detective, but with the prosecutor.

With no priors and with his cooperation, I bet he can still get a “no time” deal...or at least a “low time” (month or so) deal. But he must work with his attorney for this. If he does not have one, now is the time to get one...and if he can not afford, he can tell the court and they will assign him one.
?Its too late to continue talking to the detective. He should not talk to anyone about this case except his attorney...they can help to get the best deal possible.
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27019
Experience: 16 yrs. of experience including criminal law.
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P. Simmons
P. Simmons
Criminal Lawyer
27019 Satisfied Customers
16 yrs. of experience including criminal law.