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  1. #1
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    Jul 2011
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    Default Felony Robbery Charges, Second Degree

    My question involves criminal law for the state of: Texas my 18 year is charged with two counts of 2 degree felony . I have a copy of the probable cause and I was reviving it it clearly states he was not the one that was doing the talking not the one taking the wallet not the one pushing the guys and supposedly they were in his car but victims pulled in in a line up and said he was the one that came out of back passenger side so how can he be the one at this scene if why would he not be driving his own car and why would he be in back passenger side and these boys say their were 4 boys in car and that they see my son occasionally at school when indeed I have withdrew him since 2 yrs ago so he does not go to school but they said it was him involved he has court tomorrow for plea conference do we have a chance to beat it or if not what can he be charged for just being there like they say

  2. #2
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    Default Re: Felony Robbery Charges, Second Degree

    If he was part of a group of hooligans who committed a robbery, then he was part of a group of hooligans who committed a robbery and is presumably charged under the theory that he was an accessory, accomplice or conspirator.

    You have not told us that your son wasn't present; if he was present, you will have to ask him why he wasn't driving his own car. If he was not present then his defense would be that he was not present, not that he owns a car of his own.

    Your son may well have dropped out two years ago, but that doesn't mean he cannot be seen if he hangs with his friends around his old school.

    We don't have enough facts to know if your son has a viable defense; obviously he will be in a better position to defend himself if he was not there, and if the other people who are charged with this crime confirm that the person in the back seat was somebody other than your son (preferably sharing that person's name with the police). If everybody but your son says that the person in the back seat was your son, that's going to be difficult to beat.

    Quite plainly, your son should be working with a lawyer.

  3. #3
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    Default Re: Felony Robbery Charges, Second Degree

    Ok let's see I will try to answer some of the ?? He was not present ,if it was his car he would be driving it or in passenger not back seat. And he would not be seen at school bc he works the shifts that there is school and plus here at our high cannot be on campus with out a school Id

    And sorry no one else has been charged

    Plus the two victims said they do not know any of the 4 people in car

    But picked my son in a photo line up ,but these kids live on the other side of our street.. And that morning around 5:26 someone came and busted the window to the car and we made a report about it and that same day that's when the robbery took place

    Re: Felony Robbery Charges, Second Degree
    Ok let's see I will try to answer some of the ?? He was not present ,if it was his car he would be driving it or in passenger not back seat. And he would not be seen at school bc he works the shifts that there is school and plus here at our high cannot be on campus with out a school Id

    And sorry no one else has been charged

    Plus the two victims said they do not know any of the 4 people in car

    But picked my son in a photo line up ,but these kids live on the other side of our street.. And that morning around 5:26 someone came and busted the window to the car and we made a report about it and that same day that's when the robbery took place

  4. #4
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    Default Re: Felony Robbery Charges, Second Degree

    The fact that victims of a robbery might be confused about who was in the front seat and who was in the back is really quite insignificant. They apparently identified your son's car (did they give the police the license plate number, along with the make and model, when reporting the robbery), and when the police put together a photo lineup based upon that information were also able to identify your son. That's not even slightly good for him.

    I don't know what the broken window on his car has to do with anything.

    When you say "kids live on the other side of our street", do you mean the victims? If they recognize your son from around the neighborhood, rather than from his hanging around at his old school, they still recognize him. Also, sorry, his work schedule and ID requirements would not prevent him from hanging with his friends where kids from his old high school could see him.

    Again, your son needs to be working with a criminal defense lawyer.

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