Q: My son was a suspect in a robbery and he decided to write a statement to help the DA to prosecute the guy with the gun and in DA promised his charges would be reduced to juvenile charges now she’s not holding up her part of the bargain. Is there anything I can do or some motion to file.
A: If your understanding is correct, let me offer this. Plea negotiations between attorneys are considered to be binding and enforceable. Thus, a plea agreement between your attorney and the DA, are binding and are enforceable. Plea agreements between police officers and defendants are not considered to be binding and enforceable. If this agreement was between your son’s attorney and the DA, the attorney should be loaded for bear and file a motion to get this story before the judge and request the judge to enforce it. If the deal was between your son and the DA, the agreement is not considered to be binding nor is it enforceable. However, what was done is not fair to your son and should not have happened. You should get an attorney involved who can file a motion to inform the court what happened and request that the agreement be honored.
Q: Can a minor get convicted far assault and robbery because someone was robbed and gave police a description of just facial hair and height. And they picked up person fitting that description nothing else and because they had a charge in the pass the same.
A: While it is possible to be arrested on a weak or somewhat ambiguous identification provided to police, it is difficult to convict on a weak or ambiguous identification. If the police were on the fence about arresting him, the fact that he has priors may have give them and added reason to do so. This is not fair but it in reality, it happens. It would be important to have an attorney pin down the identification on the record at the preliminary hearing. It is crucial that he have an attorney represent him at every stage of the prosecution.
Q. How much time could one get in PA for accessory to an armed robbery on ones bike. My boyfriend and two friends robbed a Sunoco. He was the coast is clear guy on his bike and he wasn’t even on the property. This is his first felony.
A. Under conspiracy statute and case law, he can be charged and convicted of the same crimes as the actual robbers, under the co-conspirator and accomplice liability rules. Don’t know enough about the facts to comment as to how much jail time. For example, was a gun involved? Was force used in the robbery? Does he have prior convictions?-misdemeanors count too. He really needs an attorney or a sit down with his Public Defender. Most likely this is a Felony and he could receive a jail sentence.