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  1. #1
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    Feb 2011
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    Post Wrongfully Accused for Armed Robbery

    My question involves criminal law for the state of: Mississippi
    In 2004 my boyfriend was on his way to a friend's house by foot when the police arrested him for armed robbery at a nearby restaurant. The suspect they were looking for was between 5'6 weighing about 155 lbs and had a black mask on, dark baseball cap,black shirt with gold lettering and dark jeans. My boyfriend had a white t-shirt with light blue jeans, no cap, 6'1 and The police took him back to the scene of the crime, where a few witnesses stated that he was too tall. The security guard said it was him so the police booked him. Now mind you he has no prior criminal record,and never got into trouble. His bail was 100k for a first time offender and to me that was outrageous!
    His grandparents couldn't afford the bail so he sat in county jail for roughly 282 days. Once trial rolled around he kept his plea of being innocent to the crime,public defender wanted him to do a plea bargain but he refused. The judge wanted to make an example of him so he gave him a mandatory sentence of 40 years in September 2005, he felt he was endangering the victims. I believe that eyewitness identification alone can be a problem. There should be more evidence to link him to the crime. He can't afford a lawyer, so what are his options? he has already served going on 6 years and trying to file a post conviction appeal as we speak, is it too late to do so? any information I greatly appreciate it! His grandmother passed away, and all she wanted to see was her oldest grandson be set free..
    Another thing: I have this gut feeling that an individual around the same time of this robbery is responsible for this crime. he robbed several restaurants over two months and he fits the description.he is already been convicted for 2. he is now in prison but he only gets to serve 18 years of his sentence.

  2. #2
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    Default Re: Wrongfully Accused for Armed Robbery

    You've been with this guy, even before the incident? Because I'm highly skeptical of a forty year sentence for a first offense armed robbery unless he had a record, and similarly am skeptical that the police and prosecutor would be that fixated on him. In any event, as I'm sure you've been told by others, the questions of eyewitness identification are to be raised at trial - presumably your boyfriend went to trial, the witnesses did identify him, and the jury believed the witnesses despite the claims about how they or others may have had different opinions at the time of the "show up" identification (and any issues of taint relating to the "show up" should have been raised prior to or no later than trial).
    Quote Quoting Mississippi Code, Crimes Sec. 97-3-75. Robbery; penalty.
    Every person convicted of robbery shall be punished by imprisonment in the penitentiary for a term not more than fifteen years.
    Quote Quoting Mississippi Code, Crimes Sec. 97-3-79. Robbery; use of deadly weapon.
    Every person who shall feloniously take or attempt to take from the person or from the presence the personal property of another and against his will by violence to his person or by putting such person in fear of immediate injury to his person by the exhibition of a deadly weapon shall be guilty of robbery and, upon conviction, shall be imprisoned for life in the state penitentiary if the penalty is so fixed by the jury; and in cases where the jury fails to fix the penalty at imprisonment for life in the state penitentiary the court shall fix the penalty at imprisonment in the state penitentiary for any term not less than three (3) years.
    Whence a mandatory 40 year minimum?

  3. #3
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    Default Re: Wrongfully Accused for Armed Robbery

    Quote Quoting Mr. Knowitall
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    You've been with this guy, even before the incident? Because I'm highly skeptical of a forty year sentence for a first offense armed robbery unless he had a record, and similarly am skeptical that the police and prosecutor would be that fixated on him. In any event, as I'm sure you've been told by others, the questions of eyewitness identification are to be raised at trial - presumably your boyfriend went to trial, the witnesses did identify him, and the jury believed the witnesses despite the claims about how they or others may have had different opinions at the time of the "show up" identification (and any issues of taint relating to the "show up" should have been raised prior to or no later than trial).


    Whence a mandatory 40 year minimum?
    I have known him for well over 10 years, and I was with involved with him before the incident took place. He pleaded not guilty and that was his sentencing(40 years)The judge felt that he was endangering the victims and around that time robberies were very high and most of them involved 2 or more suspects that they failed to apprehend. He has no criminal record, never was in the system prior to this conviction. I have a relative who admitted to a robbery in Mississippi and he received 15 years. The public defender didn't do anything, all he wanted him to do was take the plea, he wasn't going to do that when he know he hasn't done anything wrong in the first place. What are his options?

  4. #4
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    Default Re: Wrongfully Accused for Armed Robbery

    I think the MS Code you showed me is out of date, because it was amended in 2008 and the new code is : Armed Robbery 97-3-79 Felony, 3 Years
    or Up to Life NOT Eligible for Parole or Robbery Up to 15 Years.

    It still should have been a much lesser sentence for no prior criminal record.

  5. #5
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    Default Re: Wrongfully Accused for Armed Robbery

    I agree 40 years seems extreme,some states are extremely strict in theory someone can get 10-20 years,maybe he was charged with another crime,am guessing he was found guilty at trail? Dam the kid would of being better getting a gun and killing someone. I heard in fl an armed robbery can be 10 years min and other factors can add time to it. Sometimes a PD just wants to plead out cases,he or she might of figured going to the jury was a risk.

  6. #6
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    Question Re: Wrongfully Accused for Armed Robbery

    Quote Quoting tc498
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    I agree 40 years seems extreme,some states are extremely strict in theory someone can get 10-20 years,maybe he was charged with another crime,am guessing he was found guilty at trail? Dam the kid would of being better getting a gun and killing someone. I heard in fl an armed robbery can be 10 years min and other factors can add time to it. Sometimes a PD just wants to plead out cases,he or she might of figured going to the jury was a risk.
    He was charged just for this crime at trial,he was found guilty, and no chance of parole for armed robbery which doesn't make any sense either..
    He didn't want to take the plea at that time because he knew he didn't do the crime. All he have left is the post conviction relief,which may take forever and I don't think he wants to use the same public defender..I wonder if he can go back and take the plea deal??? at least with that he did the time requested and he can be released next year(15 years,7 to serve,2 suspended,5 on paper).

  7. #7
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    Default Re: Wrongfully Accused for Armed Robbery

    Quote Quoting Calexander
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    I think the MS Code you showed me is out of date, because it was amended in 2008 and the new code is : Armed Robbery 97-3-79 Felony, 3 Years
    or Up to Life NOT Eligible for Parole or Robbery Up to 15 Years.

    It still should have been a much lesser sentence for no prior criminal record.
    You stated he was convicted and sentenced in "September of 2005"..

    The 2008 amendment you mention here would not have been applicable in 2005.

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