Just being there can make you look guilty, but it doesn’t make you legally guilty.
A client was charged with aggravated robbery (a first-degree felony) after a victim reported to police that he had been approached by two men who asked for a couple of dollars. The victim said that when he told them that he didn’t have any cash, they pulled a knife, and then ran off.
Our client was arrested, and was subsequently identified by the victim in a line-up. But the case was ultimately dismissed when we asked the questions that the police failed to ask.
Two Men – One Knife
The victim reported that he was approached by two men, and that one of them asked if he had a couple of bucks. He also reported that they pulled a knife – just one knife – and then demanded whatever he had.
Police seem to have assumed that the two men were acting together, jointly, in concert with each other, or as accomplices in the pending robbery. As a result of that incorrect assumption, police failed to ask some important questions.
- Which one asked for money?
- Which one pulled the knife?
- What did the other man do?
Preliminary Examination Serves a Purpose
A preliminary examination is supposed to be an opportunity for the court to weed out cases that shouldn’t be brought to trial. This was one of those cases.
The prosecutor called the victim to the stand to testify. He told essentially the same story that he had told the police. We had no reason to doubt him, as what he said matched quite closely with what my client had told me.
But just like the police, the prosecutor missed a few important questions. Here is a paraphrased summary of the questions we asked on cross-examination.
- Q: You said that one of the men asked for money? Which one?
- A: (Victim identified my client.)
- Q: You also said that the other man pulled the knife? What did he say?
- A: The other man pulled a knife and told me to give him anything I had..
- Q: What did my client do when the other man pulled the knife?
- A: Your client looked at the other man and said, What are you doing you idiot? Put that down!
- Q: What did my client do after that?
- A: He took off running, and so did I.
Case Outcome – Dismissed
The prosecutor had a few follow-up questions on re-direct. The prosecutor ultimately confirmed that my client had been there and had asked for a couple of bucks. More important, the prosecutor’s additional questions confirmed that my client did not pull a knife, did not make any demands, did not make any threats, and appeared to be just as shocked as the victim was when the other man pulled the knife.
The prosecutor sat down. The judge asked if the State had any other witnesses to call. The prosecutor said no. The judge looked at the prosecutor… who, after looking through his notes and papers… asked the court to dismiss the case.
Finding the Right Attorney
No two cases are exactly the same. No two people have exactly the same history or the same goals for the future. Finding an attorney who is a good fit for what you need in your case is important. Contact us directly to schedule an initial consultation.
