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Ask Atty. Gregory T. Your Own Question

Atty. Gregory T.
Atty. Gregory T., Lawyer
Category: Criminal Law
Satisfied Customers: 75
Experience:  J.D, proprietor of a general Practice firm specializing in Divorce, Criminal Law, and Litigation
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I was arrested and charged for a robbery 2 that I did not committ.

Customer Question

I was arrested and charged for a robbery 2 that I did not committ. I was in the same location approx 2-3 hours earlier. Here is what the first attorney I spoke with and myself think happened. After the incident, the cops located the one person involved (licence plate) and took a statement from her. They also were able to contact a man that was waiting in the car and get a statement from him as well. Both of their statements name a third person (not me) but they gave a first name only and claimed they did not know her well, but had gone to her residence and picked her up prior to the crime. Police then went to the store where incident happened and Pharmicist gave them a list of people providing their ID in order to purchase ephedrine cold meds. My name was most likely the name recorded after the one persons name. The other named person had been busy shoplifting and did not purchase any meds. The employees at this store assumed she had and so took the next name on the list. I have proof I was not there at the time this crime was committed. Supposedly there was video footage, which my court appointed attorney has yet to see, and should clearly indicate I was not the one involved. But I cannot seem to get through to my appointed attorney. What recourse do I have at this point. My attorney is already suggesting that I will accept a plea. I have a criminal history from ten yrs ago spanning a year and a half. nothing prior to that or since. But naturally I am scared because my attorney has been so negative. shoots down all the evidence I have come up with. Brings up my past, which I know plays a part, especially in sentencing if convicted. But these two people dont even name me and I live 80 miles from where they picked up the third person. Why did'nt the police have them show them where this person lived if they didnt know the address. And if they did'nt know the address but were able to drive there and get her it tells me they must have known her better than they let on. I have had countless hours to think and stew about this. I dont have the money to pay a private attorney. I do have a medical settlement being worked on which will provide me with funds, but dont know when that will come through. Any suggestions will be appreciated.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Atty. Gregory T. replied 3 years ago.

Atty. Gregory T. :

Hi. I will try to help you with your question.

Atty. Gregory T. :

First, when corresponding with your attorney you need to make sure to write letters in addition to any phone calls and conversations.

Atty. Gregory T. :

When you speak with your lawyer, write a letter to him or her memorializing the conversation and the information you have conveyed.

Atty. Gregory T. :

Also, if you were using an ATM, you will want to get subpoenas f the bank videos that may have your image on them and the time stamps. This should be done quickly since often the videos are only kept for 30 days or less unless subpoenaed.

Atty. Gregory T. :

If the above information helped, please click ACCEPT.

The above information is not legal advice and intended for entertainment purposes only. Any communication will not constitute an attorney-client relationship.

Customer :

This happened last may. So the bank would not have video. However the police report stated that the officer who returned to the crime scene, retrieved video surveillance of the incident. But I have yet to hear back from my attorney that he has viewed the tape. He keeps reminding me two important cases he is working on and that mine is not as important. Which of course adds to my panic.

Customer :

I have also been placed on supervised release which greatly limits where I can go. I have recently remarried and new husband is going away for a job. I am unable to go with him, even though it is in the state it is not in one of the few counties I am allowed in. He may be unable to accept this job as he has no drivers license. We need for him to work as there is no money coming in at the moment, other than unemployment. If he cant get there it will also affect his unemployment as he will be refusing a job. How can the courts inflict this on us? My attorney says I would have to wait 4 weeks to get on the docket to ask permission to go. And that the judge probably would not like this as I had to have them include an additional county 3 wks ago just to be able to travel to my home which is 80 miles from the county I am being tried in. (4 county travel range)

Atty. Gregory T. :

You should have a copy of everything your attorney has received in discovery. If you have not, you need to write a letter requesting copies of everything in your file. Also, you should let your attorney know about ATM videos and have them subpoenaed. Assuming they are destroyed does not mean they are. You don't know until you receive them or they send you a letter stating they are destroyed.

Atty. Gregory T. :

If the above information helped, please click ACCEPT.

The above information is not legal advice and intended for entertainment purposes only. Any communication will not constitute an attorney-client relationship.

Customer :

who do I send a letter to. I can not contact the DA as my attorey would have a fit. I know he has other cases, but he keeps reminding me how busy he is. Does'nt make me feel real confident. I have asked him about the evidence that would help to clear me, and he keeps stating "The DA is not going to dismiss your case, just wont happen" I have a hard time beliving that. And does the DA office have to let my attorney know about all the evidence they have against me. I was shocked when I read the police report being as the two people they were able to contact both gave statements that don't even pertain to me. The physical descripton the security officer gave is way off from my description. There really is nothing that connects me to this crime. Yet I have been put through hell.

Customer :

I am so frustrated and don't know where to turn. I just want this to go away. I know that wont happen overnight, but I just dont see how they are going to have a case.

Atty. Gregory T. :

You need to write to YOUR attorney. The DA has to disclose all evidence in your case, including exculpatory evidence. It is not uncommon for DAs to try losing cases.

Atty. Gregory T. :

If the above information helped, please click ACCEPT.

The above information is not legal advice and intended for entertainment purposes only. Any communication will not constitute an attorney-client relationship.

Customer :

What are my chances the DA will dismiss this case prior to trial? And with a criminal history how will a jury respond? I am sorry. so many questions. I cant seem to get them answered by anyone though and its driving me crazy. I was two months from having my record expunged. This will absolutely ruin me. It already has ruined me financially not to mention the terror, humiliation and treatment of being arrested and not knowing why, or having the officials at jails look at you with that (oh yeah right) look.

Customer :

I have not even had the chance to sit with my attorney yet. He has put me off for 3 wks now. Adding to my frustration.

Atty. Gregory T. :

Hi,

Atty. Gregory T. :

I think your question has been fully answered. I understand your may be getting frustrated with the process but the DA will try losing cases.

Atty. Gregory T. :

If the above information helped, please click ACCEPT.

The above information is not legal advice and intended for entertainment purposes only. Any communication will not constitute an attorney-client relationship.

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Atty. Gregory T.
Atty. Gregory T.
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J.D, proprietor of a general Practice firm specializing in Divorce, Criminal Law, and Litigation