Need help asap!

Recently a really good friend of mine was arrested for a crime he didn't commit. The charge was felony theft over (I think) $1,000 but under $15,000. How do I go about this? He has a baby on the way and I don't want to see my friend go to prison over something he didn't do. I can provide more information about the incident if needed. I just posted what I felt was relevant. [snipped] He is out on bond. I didn't really know where else to go besides here..

Speaking to a lawyer that is an experienced litigator in felony crimes might be a good start.

Only two choices.

1. Turn snitch or
2. Plead guilty and hope for just a fine and a few days in jail.

I'd go with two, but that's just me.

This is ATS not google. A quick google search can provide you with everything you need to know.

a reply to: RealTruthSeeker

plead guilty for a FELONY you didn't commit......

originally posted by: StayAware
a reply to: RealTruthSeeker

plead guilty for a FELONY you didn't commit......

Either that or be labeled as a snitch and rat. Those are the only two choices you have. If you want to be free then your going to have to tell on the person who did do it, otherwise your going to jail.

a reply to: theyknowwhoyouare

you act like me posting this ruined your day

a reply to: RealTruthSeeker

I appreciate your concern but you aren't helping

originally posted by: StayAware
a reply to: RealTruthSeeker

I appreciate your concern but you aren't helping

I honestly don't think this is the place to go for help in this situation. A lawyer is the best help for your friend.

originally posted by: StayAware
a reply to: RealTruthSeeker

I appreciate your concern but you aren't helping

OP, they just don't pick you out of the Phonebook.

What happened?

originally posted by: StayAware
a reply to: RealTruthSeeker

I appreciate your concern but you aren't helping

An attorney is going to tell you the same thing. You can't get out of this unless you tell who actually did the crime. Trust me, I've been told on before, cost me 8 years of my life, that's the way the court system works. You can't simply go in there and say I didn't do it, the judge is not going to buy that. If you don't tell them who did, then by default you are guilty and you will go to jail. Although I think a small felony like this will only get you a few months.

a reply to: StayAware

What's the story?
I've talked to cops so many times it's stupid..
They never assumed I stole anything.
That's not really something they do at random.

if your friend was in possession of stolen property, or was with someone who stole something he has to talk about that, or just shut up and plead guilty fast and be nice to the judge.

If i were you, i'd tell my friend to find a lawyer. Then i'd find different friends. He won't be the first felon who was innocent.

a reply to: StayAware

Greetings- I'm a medically retired cop from Ca. and am NOT an attorney so I cannot provide "legal advice" but I can provide "friendly advice"...

If in fact Your friend did NOT commit a felonious theft then He has to fight it. In some jurisdictions they arrest folks that will NOT fight the case.. Look into any prior cases that 'may' have also included illegal arrests. I'll check back after a while to give You ample time to seek legal counsel.

www.imdb.com... This is a movie that deals with this very subject, in the movie's case charges of drug trafficking.

Is Your County a "private" or "Public" jail?

Best of Luck

namaste

Don't let a Public defender handle the case...They'll only make it worse!

Lawyer up big...borrow money if you have to.

a reply to: olaru12

Lawyer up big...borrow money if you have to.

This, and tell your friend to shut the hell up.

It is probably to late for that second part, so hopefully he already did that.

Unless there is a lawyer here on ATS that sees this post there isn't much more ATS can offer in advice.

You could also just take your chances at trial and hope the jury finds you not guilty. If you do go to trial, I highly recommend that you "DO NOT WAIVE YOUR 90 DAY SPEEDY TRIAL RIGHTS", alot of people screw them selves by waving this right because it's give the prosecutor as much time as they need in order to gather evidence, and you don't want to give them time. If they can't find anything on you in 90 days, such as a witness, then your home free, the prosecutor will have no choice but to drop the charges.

Not waving your rights to the 90 day speedy trial is most likely going to get you out of this. And never allow a continuous for the prosecutor or even your own attorney, again giving them more time is not good for you. Best of luck.

a reply to: RealTruthSeeker

Well that also hinders your defense.
They may want some extra time as well.
I get your point but I would listen my lawyer most likely if they told me to waive it.


Again OP, no offense to anyone here but all of your friends legal advice should be coming from a professional.

originally posted by: Sremmos80
a reply to: RealTruthSeeker

Well that also hinders your defense.
They may want some extra time as well.
I get your point but I would listen my lawyer most likely if they told me to waive it.


Again OP, no offense to anyone here but all of your friends legal advice should be coming from a professional.

Gotta love the internet age. Its has given "DIY" a whole new level of meaning.

I half sarcastically invision the day where someone is standing in the kitchen with their pocket knife asking for help doing an apendectomy.

originally posted by: Sremmos80
a reply to: RealTruthSeeker

Well that also hinders your defense.
They may want some extra time as well.
I get your point but I would listen my lawyer most likely if they told me to waive it.


Again OP, no offense to anyone here but all of your friends legal advice should be coming from a professional.

I agree that the best thing for him to do is lawyer up. But most cases can be won very easily by not waiving this right. Attorneys always tell their clients to waive it because time is money, the longer they are on the case the more money they make. Just like public defenders make more when they get their clients to plead guilty.

I won a case last year doing this, I won't say for what. 90 days is very a short time for the prosecutor to gather evidence and most of the time it is impossible. Finding witnesses and sending out subpoenas and then waiting for a response can easily take longer than 90 days, this is why it works. Prosecutors have so many cases going on they can't possibly keep up, so most of the time they will just give up out frustration for not having enough time to get what they need.

Waiving your right to 90 days will only drag things out and it could take months or even years before the case is done. If his friend has a good alibi who will testify on his behalf then this can over in no time.

Remember, the burden of proof is always on the prosecutor, giving them time to find that proof to make you guilty is not a good idea. Now if they have witnesses that will testify against you then waiving your right would be a good idea, especially if you have nothing in your favor. But if they prosecutor doesn't have anything on you then I would keep it that way by only giving him 90 to find something, mostly likely he won't be able to and therefore drop the charges.