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Armed Robbery and Drug Possession

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  • 05-02-2011, 01:39 AM
    capnkirk
    Armed Robbery and Drug Possession
    My question is concerning the laws in the state of Texas.

    Ok, a couple weeks ago a crazy turn of events took place, but Ill save yall from the minor details and just cover the main points. And this all involves my two friends, Jack and Jill, who were victims to Mario and Luigi.

    Ok, so pretty much Jack and Jill were on there way to sell some weed to someone else. After arriving and partaking in petty conversation, Jack and Jill had a gun and knife pulled on them by Mario and Luigi. Jack's phone was stolen, as well as some of Jill's money and the previously mentioned drugs were taken as well.

    Upon our departure, Jack was smart and took note of the license plate number, and took the investigative work into his own hands, eventually finding out a name, address, phone number, and all kinds of info on Mario. Jack went to Mario's house, spoke to his mother, and was awaiting a call back from her after she talked to her son, Mario.

    Later in the night, Mario and Luigi call J&J and tell them to come to there house to "settle this". J&J went, and were ambushed by two cars trying to block them in by one pulling in front and braking, and the other right behind. They succeeded twice, and both times around 8-10 people got out with baseball bats, a metal pole, and possible another gun, while banging on the car as well. Jack had to think fast and drive over the curb both times to avoid and possible harm to him or his friend. Theyre second semi-succesful attempt almost worked, but J&J managed to barely get out of there, running over a curb and fire hydrant in the process. The worst part was the fact that the car was a rental car, which always lead to high fees after and car damage.

    Jack and Jill went straight to the police station afterwards, told everything they know, and eventually the police caught and arrested Mario and Luigi. Mario's car was taken and searched, and they found the knife used, Jack's phone case (no phone), and also an unrelated 10 hits of LSD. Jack and Jill were safe in the end, with the plumbing brothers both in jail.

    All seems good, but Jack still had to pay ~$800 for rental car damages, has yet to recieve any compensation for the stolen iPhone (again, the case was in Mario's car...), and Jack's auto insurance just cancelled his whole families plan due to the rental car damage.

    So, despite the fact that the two criminals were arrested and charged with armed robbery and possession of a sched I drug, Jack still racked up quite a bill from this night.

    AND NOW, FINALLY TO THE QUESTIONS!!!
    1)-Assuming this is M&L's first major run-ins with the law, what can they expect to be facing from armed robbery + the poss of LSD?

    2)-Jack wants his phone, or money, or something equal in value back. Its been a week since hes heard from the detective, and hes not sure what the deal is. Will he be compensated for the phone?

    3)-Mario didn't physically cause or force Jack to swing and drive over the curb to hit the hydrant. But Jack was being threatened with deadly weapons, and had NO other options at that point in time. What is the legal system going to say about that?

    4)-Will this case be worked out in due time with his finances and losses compensated for, or should he take this to court and plead his case?

    5)-Jill was going to sell M&L some marijuana, however he was robbed first, so the transaction never took place. She cant be charged with intent to distribute or any kind of conspiracy charges, right? Would taking this to court bring that to light causes her to be investigated/possibly arrested?



    THANK YOU SO MUCH IN ADVANCE! I KNOW THIS WAS A LOT TO READ, BUT IM JUST STUCK AND NOT SURE HOW TO MAKE MY NEXT MOVE
  • 05-02-2011, 03:28 AM
    cdwjava
    Re: Armed Robbery->armed Assault->wrecked Car->5 Qs-Penalty, Reimbur., + Future
    Quote:

    Quoting capnkirk
    View Post
    1)-Assuming this is M&L's first major run-ins with the law, what can they expect to be facing from armed robbery + the poss of LSD?

    Difficult to say without knowing the specific statutes under which they have been charged. Then there is the issue of concurrent sentencing versus consecutive, and whether they will plead to the dope in exchange for dropping the robbery. It could be many years ... it could be nearly nothing ... no way to say for sure.

    Quote:

    2)-Jack wants his phone, or money, or something equal in value back. Its been a week since hes heard from the detective, and hes not sure what the deal is. Will he be compensated for the phone?
    The court can order restitution. But, if M&L do not have any funds, and are off to jail or prison, what do you think the odds are that Jack will get compensated?

    Quote:

    3)-Mario didn't physically cause or force Jack to swing and drive over the curb to hit the hydrant. But Jack was being threatened with deadly weapons, and had NO other options at that point in time. What is the legal system going to say about that?
    If Jack has not been charged with any crimes for that action, then apparently the system is saying nothing about it.

    Quote:

    4)-Will this case be worked out in due time with his finances and losses compensated for, or should he take this to court and plead his case?
    He is free to sue the defendants in small claims court for his losses. But, if they have no assets and are off to jail or prison, will it be worth the trouble?

    He can talk to the prosecutor or to a local victim advocate to see how TX deals with restitution in criminal matters.

    Quote:

    5)-Jill was going to sell M&L some marijuana, however he was robbed first, so the transaction never took place. She cant be charged with intent to distribute or any kind of conspiracy charges, right? Would taking this to court bring that to light causes her to be investigated/possibly arrested?
    Well, if they have to testify at trial, they will likely have to testify that they had transported dope for sales ... could be charged as a felony. Now, if all they have is J&J's statements, it may not be enough to charge. But, if they found their stash, they could get charged.
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