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Robbery Questions

Robbery is the act of taking something by force from an individual by inflicting fear. The difference between theft and robbery is that theft is the act of taking something, while robbery is the act of taking something by force and intimidation. There are different types of robbery which include armed robbery, aggravated robbery, highway robbery, mugging, carjacking and extortion. Take a look at the questions below regarding robbery and robbery charges.

Our house was burglarized while we were gone. The police were dispatched, but failed to see that the house had been burglarize (the back window to our bedroom had been smashed). The deputed reported that he saw nothing. Is there anything that we can do?

You can report the situation to the police department and they will have officers can look at the evidence. However, the state isn't at fault because of the police officers failure to conduct a proper investigation. If this wasn't the case, and the state could be held liable for all mistakes made by law enforcement, the court system would be so bogged down with law suits, the government wouldn't be able to properly operate.

If the person responsible for the break in can be found, you could sue them for the damages which could possible compensate for the damages. Also, homeowners insurance is another possible way to recoupe any financial damages done during the burglary. If none of these options will work, you can inquire about Victim's Compensation Fund at your local police department. Some regions offer this service.

If a person is charged with robbery and criminal confinement but convicted and served time for robbery only, can that person be convicted for that same crime at a later date? Can the criminal confinement charge be expunged from the person arrest records under Indiana Code 35-38-5-1?

The person couldn't be convicted for the same crime twice. However, the person could face conviction on the criminal confinement charge if the prosecutor decided to file charges. This is unlikely to happen, but if it did, the person could go to trial for the second charge. As far as the expungement of the confinement charge, you were convicted of a crime and Indiana law states that if a person is convicted of a crime, a dismissed charge cannot be expunged.

Can armed robbery with a deadly weapon be sealed or expunged in Florida?

Florida doesn't allow expungements on convictions. The only records that can be expunged are the arrest records and charges that were not convicted. To learn more about the Florida law on expunging records, go here: http://www.fdle.state.fl.us/content/getdoc/c83dd888-ef7a-448e-9a96-ba69fc4181f7/Seal-and-Expunge-Home.aspx

Your only option at this point is to seek a Governor's Pardon that allows for the expungement of the record. Here is a link that explains pardons: https://fpc.state.fl.us/Clemency.htm.

You will find in the first link that was added, robbery is one crime that cannot be sealed/expunged. This is true without a conviction. However, if you do receive a pardon, the wording in the pardon has to mention that the record is to be expunged /sealed. Without the mention of the expungement, the record will not be expunged.

My brother committed armed robbery in four different counties in Florida. He has already been sentenced for three of them. Is there any way to speed up the fourth court date so he can complete jail time for all four crimes instead of separately?

There isn't anything that you can do for your brother at this point. However, his attorney can speak with a case filer at the State Attorney's office and see if the charges have been filed, if not, ask them to do so. These are attorneys who determine which charges to file and when to file them. If his attorney can speak with the case filer and have them go ahead and file, this will speed things up, making it possible for your brother to deal with the issue now rather than later.

Can 2nd degree robbery and felony possession of a firearm be expunged? The robbery was in Oklahoma and the firearm charge was in Arkansas.

Arkansas and Oklahoma doesn't give expungements for convicted crimes. The only exception to this rule would be a deferred adjudication. A deferred adjudication is when a person pleads guilty and is given probation. Upon successful completion of the probation, the court removes the guilty plea.

If this isn't your situation, you will have to apply for a governor's Pardon. There is no cost to you for applying and you don't need an attorney to apply.

Robbery is an illegal act that is punishable by jail, fines and probation. If you have legal questions about robbery, you shouldn't hesitate to speak with an Expert.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2429
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Fran L.
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Recent Robbery Questions

  • HARRIS HOUSTON TEXAS my son is starting his probation for

    HARRIS HOUSTON TEXAS
    my son is starting his probation for 3 years for robbery;
    probation requires his to wear something in his leg ( I think call Gps Monitor)
    is there a way to reduce the length he has to wear the GPS , because my son is 18 in December; and he continue his school; kind of embarrass for him to wear that to school (high school and college)
    please advice
  • My son is doing a sentence in Texas of 25 years for 2 counts

    My son is doing a sentence in Texas of 25 years for 2 counts
  • Fam Law: Father made threats, what to do next?

    Father’s History:

    2 Domestic Violence (6/2007 & 2/2008) (California)

    2 Driving under the influence(7/2007 &9/2007) (California)

    Driving on A suspended license (California)

    5 Drunk in Public (California)

    1 Theft of Alcohol (California)

    11 and counting different phone numbers since 2/2008

    5 and counting different address since 2/2008

    5 Outstanding Active Warrants in California

    Felony Drug charges (Minnesota)

    Felony Driving Under the Influence (Minnesota)

    Probation Violations (Minnesota)

    Robbery by Sudden Snatching 7/2013 (Florida)

    This is all the history I am aware of there may be more that I am missing as he has lived in at least 3 different states besides California that I am aware of.

    On February 2nd, 2008 my ex and I split apart, he was sent to jail on domestic violence charges and a 5 year restraining order was issued on Feb 06, 2008. Upon his release he completed a rehab for alcohol abuse. After he completed the rehab he was issued visitation rights of 2x a week at a local park. Approximately 5 months after this he left the state due to his mother’s death after I filed a new motion to suspend his contact until he complete another rehab program as he called 911 after being belligerent with me on the phone for attempting to reschedule his visit with my daughter. She had a 102 fever and it was snowing, I had her in the ER the day before and they instructed I keep her in a warm and dry place. After leaving California for Minnesota he continued contact with my daughter for about 4 months, at first it was frequent and slowly dwindled to no calls at all and an occasional birthday card. He had no contact for 5 years with my daughter, but acquired an attorney when I filed for sole custody (full legal and full physical custody) on 09/16/2013.

    5 months after filing I was granted sole temporary custody with 2 days a week communications by the father. We've struggled with the communications and been to court 1 time since to negotiate stricter terms for communication through the parenting plan. This last Wednesday I was out of the house helping a friend leaving my child with her grandfather, and was home 7 mins after their scheduled communication time. My daughter asked her father "are you kind of stupid?" After being asked the same question numerous times. She is 8 years old but most guess her around 10/11 based off how well behaved she is and so on. Anyways he then asked to speak to me (which is a violation of the parenting plan) *we are not allowed to communicate through her account. My daughter told him that I wasn't home and he threatened her with calling the cops because he assumed she was home alone. She responded to that by saying she was with her grandpa, so he then asked to speak to her grandpa. My daughter then contacts me and is nearly in tears claiming to be afraid of her father. He contacted our local sheriff's office whom came to my house nearly 3 hours after the incident conspired. He also contacted my daughter’s school and explained he was deeply worried about my child not having proper supervision and that I leave her home alone frequently. He had also threatened my daughter with welfare (not that she knows what that is) but nonetheless it scared her. I have their entire conversation and her claiming to be scared on a recording as my daughter and her father use an application called voxer to communicate on which is like a walkie talkie, he says something and it sends, then she can reply something and send to him, which is the app she used to contact me and leave a near minute long recording of her fears and logic behind it.

    My issue is in 2 days she is required by the court order to have “face to face” time on Skype, but I feel as though it is in her best interest to skip this particular communication date as she is traumatized by his incessant threats of calling the cops, welfare, and having to take me back to court. Furthermore, I am not sure how to proceed with entering this information into our case file to be used as an aid to end the communication between her and him, as there has been no bond made in the 10 months of communication, she is completely uncomfortable when she talks to him, her behavior has changed dramatically since they have begun talking as well as she is retreating more and more into herself, she doesn't do all the activities she used to do and will often isolate herself from the family. I am deeply concerned about her well being but the courts do not seem to understand the gravity of the situation and feel as though it is in her best interest to have a relationship with her father.

    How do I proceed with court? Should follow the court order or follow my feelings on communications in 2 days? If I followed my feelings how much trouble could I really get into if I don’t follow the court order?

    If you need any other specific information to analyze the situation better I have nearly every document that been in court.

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