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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
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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