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My nephew did try to robba guy with a gun and shot himself…

My nephew did try...

My nephew did try to robba guy with a gun and shot himself in the leg. The robbery went bad and he went home and his sister and sisters boyfriend took the gun so his mom wouldnt find out. not knowing it was because of a robbery. the gun was thrown away. if the police has no gun and no evidence in there posession how can they charge him?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

They have a report and he broke down and confessed. but the officers seem to want the gun to make things stick.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They are telling the guy that threw the gun away that he will be charged if they dont get the gun.

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Answered in 1 minute by:
1/19/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,092
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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The police do have evidence. They have the words of the alleged victim of the crime who saw the gun. If the victim's story is believable enough so that the police feel an armed robbery took place and that your nephew was the robber, then they can charge him with the crime. Probable cause is just a reasonable belief that your nephew may have committed a robbery with a gun.

it doesn't take much evidence for a person to be arrested. The prosecutor must prove his case beyond a reasonable doubt in order to get a conviction, however, and that requires much more evidence. It harms the prosecutor's case if no gun was recovered, but he or she can still try to make out the weapon circumstantially. For instance, if the victim saw your nephew shoot himself in the foot, the state can show medical evidence that your nephew had such a wound.

Circumstantial evidence is evidence that when taken from the facts and circumstances of the case all point to the fact that your nephew had a weapon. Again, it's best if the police come up with a weapon. But if not, a prosecutor can still often get a conviction by building the possession of the weapon circumstantially.

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Customer reply replied 1 month ago
can they charge the boyfriend for throwing the gun away even though he didnt know it was used for a robbery?
Customer reply replied 1 month ago
Can they charge the friend for throwing the gun away even though he didn't know it was used in a robbery

Unfortunately, yes. They can charge him as an accessory and whether he knew or didn't know that the gun was used in a robbery would be a question of fact for the jury to determine based on all the evidence if the case goes to trial.

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Customer reply replied 1 month ago
it would be best to give them the gun.

Yes. Although to be fair, the police could potentially charge him with something anyway even if he gave the police the gun. He may want to have a lawyer offer the gun with reassurances that the boyfriend won't get prosecuted. I should also add that if the boyfriend will be expected to testify for the state at the trial if there is one.

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Customer reply replied 1 month ago
don't trust them(police) when they told me and my sister that if they brought the gun they will not charge him for tampering with evidence

Police are allowed to lie in order to obtain evidence, so frankly, I never advocate trusting them.

I don't much think they are interested in charging either of you with tampering. They will likely try to question you, however, and they may be looking to see if you were both in on the robbery and find out what you know. So if you want to turn the gun in, great. But if you think that you're not going to be free to leave and that they are suspicious of you, that's when you tell them that you don't want to talk to them about the gun without a lawyer.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,092
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 1 month ago
OK thank you for your help.

You're very welcome! Good luck!

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Zoey_ JD
Zoey_ JD
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Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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