Friend Going Down on Arm Robbery because his lawyer wont listen to me!

I understand it looks bad that he matched the vague description of the robber (red sand white striped shirt, blue or black pants, blondish hair etc and was located a block or so away from robbery and he had some of her items in his pocket.

This can be explained: he found the items thought they had value and picked them up, no idea that they were stolen. He was in the area because he was out for a walk clearing his head and just went to a new neighborhood for a change of scenery. Today, it is not uncommon for people to run when they see the police so that can be explained too. Any good lawyer can explain all this at trial. No jury will convict with a good cross of the cops (who could have planted the victim's drivers license in his pocket). The cops probably just wanted to get a quick arrest and not want to stay late writing reports.

The key here is if we can end the case on a "technicality" then we need to because that will free and innocent man.

I am considering simply filing a motion to suppress the ID and sign my friends name to it. That way the court will know about it and have to do SOMETHIING!

"I am considering simply filing a motion to suppress the ID and sign my friends name to it. "

You are as sleazy as your "friend". Conclusion....you are a troll and have no morals.

BuffaloBob wrote:

"I am considering simply filing a motion to suppress the ID and sign my friends name to it. "

You are as sleazy as your "friend". Conclusion....you are a troll and have no morals.

No. I have given the lawyer some very good ideas about my friend being denied his right to counsel after he was charged with a crime when they did not lineup. The lawyer refuses to sit down with me to even discuss legal strategy and I have even offered to be his paralegal on the case.

Not a Lawyer But A CJ BA wrote:

I understand it looks bad that he matched the vague description of the robber (red sand white striped shirt, blue or black pants, blondish hair etc and was located a block or so away from robbery and he had some of her items in his pocket.

So he had the victims belongings, was in the same area, was wearing the same clothes as the robber, ... and ran from the police?

Oh and his alibi is that he was out walking "clearing his head" which shows he obviously was agitated at the time of his arrest. Need a few more details before we can call his aggitation a motive, but we're close.

If this wasn't just a troll post your friend is toast.

Not a Lawyer But A CJ BA wrote:

BuffaloBob wrote:

"I am considering simply filing a motion to suppress the ID and sign my friends name to it. "

You are as sleazy as your "friend". Conclusion....you are a troll and have no morals.

No. I have given the lawyer some very good ideas about my friend being denied his right to counsel after he was charged with a crime when they did not lineup. The lawyer refuses to sit down with me to even discuss legal strategy and I have even offered to be his paralegal on the case.

If true (which I doubt), good reason a lawyer would not listen to you. Why would someone risk his profession listening to someone who is willing to file a motion by signing someone else's name to the document. Isn't that called forgery?

Seems to me a lot of nonsense and or stupidity.

Not a Lawyer But A CJ BA wrote:

Part of the problem is that my friend matched the very vague very general description of the robber and was found in the area. He also found a discarded couple items and picked them up as he was walking and they happened to belong to the victim. That looks bad but can be explained.

I just think since he had already been charged when the lineup was done he should have been given a lawyer at that time, It seems to be critical that he have one then, If he did not have a lawyer I think the ID at the lineup should be tossed and since any further ID would be tainted by that, that I D should also be out.

So, your friend (1) matched the general description of the perp, (2) was in the vicinity of the crime, and (3) just happened to be in possession of items taken from the victim. I guess one interpretation is he just had an unlucky day, but it isn't the only interpretation.

O.P., are you the criminal defendant? The more you type, the worse the case sound. If you are not the criminal defendant, are you the perpetrator of the crime? How do you know "your friend" is innocent?

1) Based on all your posts, "your friend" seems more guilty the more you post. Clearly there was Reasonable Suspicion for law enforcement to stop & question "your friend."

2) Your friend was at or near the scene of the crime.

3) Your friend matches the description.

4) Once law enforcement approached "your friend" your friend ran.

5) Your friend was arrested with items on his person from scene of crime.

If you are the defendant, take the case to trial if you like (you'll lose). If defendant is really your friend, very strong likelihood your friend's attorney is looking to cut a deal, plea bargain. DO NOT PUMP YOUR FRIEND UP TO TAKE THIS CASE TO TRIAL. I take it back regarding a 1st law school student could act as prosecutor and convict your friend, A SENIOR AT UNIV. of Phoenix (on-line school) could prosecute your friend successfully with what law enforcement has on your friend.

Cosa Nostra has about 15 rules and etiquette, if you're the defendant read them. If your friend is the defendant, have him read the rules & etiquette. Some are simple and obvious like get a decent haircut at least every six weeks and shave daily. Some people possibly are innocent with stated facts working against your him or her. It is not illegal to walk around looking like a bum, but ... . Cops will pick up The Usual Suspects. Over 90% of cases in county or state court are resolved with plea bargain. Over 97% of federal cases are resolved with plea bargain. If you are the defendant, listen to your lawyer. If this case is real, stay out of the way while your friend's attorney tries to cut a deal.

I spent the last week super frustrated and learning a lot more about Westlaw. My GF was able to show me some stuff and I used some youtubes to learn more. I also found my notes from a class I took. After about a week I have prepared a brief arguing why his right to counsel was violated when they did a lineup without a lawyer. I put it in Word format and am pretty close to sending it to his lawyer for review.

Any lawyers want to review it for me 1st?

WE NEED to get this lineup tossed!!!

Hahaha dude your friend is 100% guilty by the sounds of it. He is lying to you. The lineup doesn’t mean anything . There is a reason he was arrested.

Dude, if the lineup is tossed the ID largely goes away and he wins!

Not a Lawyer But A CJ BA wrote:

Dude, if the lineup is tossed the ID largely goes away and he wins!

Could they not do another lineup?

Anyway 8/10. Solid, solid work on this troll. You clearly put some effort in.

aof;zcs; wrote:

Not a Lawyer But A CJ BA wrote:

Dude, if the lineup is tossed the ID largely goes away and he wins!

Could they not do another lineup?

No. The 1st lineup taints all subsequent identifications. If it goes down, all that follow go down, including any in court IDs.

Not a Lawyer But A CJ BA wrote:

aof;zcs; wrote:

Could they not do another lineup?

No. The 1st lineup taints all subsequent identifications. If it goes down, all that follow go down, including any in court IDs.

Email his lawyer and tell him that POST ARREST AND POST INDICTMENT LINEUPS are a “critical stage” in the litigation under the 6th Amendment and he is entitled to counsel at them. You are correct, the lineup is per se excluded.

Tell him to read: US v Wade, 388 US 218 (1967) and Gilbert v California, 388 US 263 (1967). Both cases hold that a defendant has a right to counsel at a live lineup conducted post arrest and post charging.

There is no ambiguity at all in the law on this point.

A subsequent ID in some cases may be allowed if there is an independent source of knowledge.

What led to his arrest? How did they pick him to collar?

GoatZenHeimer wrote:

What led to his arrest? How did they pick him to collar?

Never mind. I just read more of what you wrote. Say goodbye to your friend for a while.