mardi 1 mars 2016

Robbery: Robbery with Use of a Deadly Weapon

My question involves criminal law for the state of:

What is the likelihood of dismissal of charges?

My ex was arrested and charged with robbery and use of a deadly weapon. The incident happened in Sept in his hometown at a gas station. He was in town that night, we were separated and now divorced. He had spiraled down into drug use again (meth). I honestly don't think he did it. He has a burglary charge in his past. There was domestic violence in our relationship (due to meth addiction) but he has been sober since Sept. Working. Being an adult for once.

The reason I don't think he did it is the clerk stated the person as 5'7'' if he stood up straight (was slouched), had a hoodie and mask and all she saw was hands. My ex is 6'1''. Also before he went on his bender, he stole checks from his dad (reported but not pursued) and had spent about$3000 in a month. He had money that night. Had someone bring him whatever he was using then. I know he was in town that day he called from his friend's phone around 2 pm. But I think he left that night to go hang out with some other meth heads. I had his FB password still so I could see messages he was sending people during that time.

Anyway the cops have only focused on him and no one else. He has a past in that county and they have zeroed in on him in the past whenever something criminal happens. The only evidence they allegedly have is they got his DNA a month ago and supposedly it matches the hoodie they found in a dumpster with a toy gun. They had talked to me in Dec and I hadn't seen either of the pictures they showed me. A knife was involved as well.

Is it likely even a public defender could get this dismissed? I feel like DNA on a hoodie doesn't mean he was even there since he was bouncing around different people's houses and cars and anyone could have gotten that from him. Plus the description of the witness...and the cops constantly focusing on him only. Also he thinks they even questioned him is that the guy who brought him whatever that night got pulled over when he left town and the cops asked why he was there. He said he was visiting my ex and that he "had a lot of money." His dad found out about the checks a week later, reported it. But he said he never pressed charges and told the bank it was resolved. Honestly, I thought he'd get arrested for that when it has the most concrete evidence. They also only talked to me, his other ex wife, her mom and his dad. No friends. No one he was with that day or after. Not any other family. So it seems very shady and that they are just being lazy.

Oh and when they arrested him - they had his probation office lie to get him there about switching his case back to the county I live in. It's on an interstate compact right now so a different state owns it actually.

I feel that it could get dismissed but just wondering about thoughts. If anyone has ever been in a situation like this or not.

Yes I realize he's had a lot of issues and when I first heard only it was a guy in a certain hoodie I thought it was him but then the description takes him out of the pool I think. He's made a lot of changes and progress since I left him. More than he ever has and meth is a very hard drug to quit.


Robbery: Robbery with Use of a Deadly Weapon

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