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Ask Hammer O'Justice Your Own Question
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4502
Experience:  Almost 12 years of legal experience, primarily in criminal law
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i want to ask if there a chance of beating a home invasion

Customer Question

i want to ask if there a chance of beating a home invasion in a aggrevate kidnapp? what type of evidence the judge gonna look for in these type of case?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 8 years ago.
Basically, the evidence they are looking for is a victim to testify that the defendant entered the victim's home without the victim's permission. Without the victim, the prosecution can't really prove their case. It was probably continued to give the prosecution a chance to bring in their victim. If they can't do it by the next trial date and the judge denies them a continuance, it will probably have to be dismissed.
Customer: replied 8 years ago.
but cant when the victim come to court aint they gonna ask why he didnt call the police after the defendant left his house after he wrote the defendent the check to go cash it then he didnt have no money there so he went to the bank hes self without the defender he could of told the bank people somebody in these car home invasion in aggrevated kidnapp me right
Expert:  Hammer O'Justice replied 8 years ago.
If the person has a good lawyer, then yes, those questions would come out in trial. That's if the victim shows up, however.
Customer: replied 8 years ago.
but t dont have no money for a lawyer that the bad part that why im worry if it a chance defender can beat this case
Expert:  Hammer O'Justice replied 8 years ago.
Get a public defender if you haven't yet. Public defenders are very good lawyers who often know the system and the players better than paid lawyers. Good luck.
Customer: replied 8 years ago.
this what i want to know please if the victim told me to come to his home in he write me a check in the defender leave to go cash it they was no money there so the defender went to get the victim in they called the cab they went to another bank in did get nothing out of the bank the cab drop them off at the victim house somebody called the police do that mean its a home invasion/aggrevated kiddnapp but the defender went to a hearing court in he was on parole in the broad got a hold on him in the victim did not show up they continous it to that mean he have to see the broaded this time
Expert:  Hammer O'Justice replied 8 years ago.
I'm sorry, I don't understand what you are saying at all. Can you use periods to separate your sentences so that I can understand what you are asking? It doesn't make any sense to me. Thank you.
Customer: replied 8 years ago.
if the defender was told to go to the victim home by the victim. so he could write the defender a check.the defender left the victim home to go cash the check .there was no more money there. so the defender went to get the victim so they can go together to the bank. but the victim didnt have no money. the cab driver drop them back off at the victim house. in somebody called the police. in the police charge him with home invasion/aggrevated kiddnapp do that mean he did that crimal.but he on parole in the state have a hold on him. he went to a hearing court in the victim didnt show up. is that the reson why they conoution his case. so he could she the state of broad to get the hold off him. can you please answer all my question on this page
Customer: replied 8 years ago.
ok he went to court already.but his on parole in the state have a the victim didnt show that mean he got to see the broad this court date. it a hearing court.
Expert:  Hammer O'Justice replied 8 years ago.
It is only a home invasion if the defendant did not have permission to enter the home or only gave permission under threat or duress. It is only aggravated kidnapping if the person was taken against their will or went under threat or duress. Without a victim showing up, the prosecution probably won't be able to prove its case. They probably won't get any more postponements to produce their victim unless they have a really good excuse.