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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 01-04-2009, 03:32 PM
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I Got Arrested For Robbery I Did Not Commit **PLEASE HELP**


I got arrested in NYC for robbery in the 2nd degree as well as asault and an array of other charges.

This is how the situation unfolded...
I left my house around 11pm and walked three blocks to withdraw $200 from a Chase ATM, aftwerwards I walked across the street and purchased a phone from a guy I met on craigslist.I proceeded to walk home and then the police stopped me roughly 80 yards from my house.

They told me that I matched a description of a robbery suspect and held me down.
In about half an hour, the person that got robbed identified me from a police car and I was arrested and taken to the precinct.

I DID NOT ROB ANYONE...I would never even think of something like this...I WAS SIMPLY WALKING HOME

At the precinct...there was another guy already there and after they put me into the cell I realized I knew him from the neighborhood.
He told me that he robbed a gold chain from someone with a friend and that his friend ran away...THE D.A. THINKS I AM THAT "FRIEND" and claims I swas running away when I WAS WALKING WHEN THE COPS ARRESTED ME

The police are vouchering my property for evidence because they think the phone is stolen...the guy that was arrested with me refuses to "snitch" his friend out and instead put all the blame on me...

PLEASE HELP...I was arrested before for petty things but am a full-time college student at a very good school and have a job...
I AM REALLY SCARED...I know that I am not the person...BUT HOW DO I PROVE IT???
What if the guy that actually did it gets his friends to testify that it was indeed me???

I got out on $1500 bail (the other guy had only $1000 bail)...I have court in a week.
name of your state (only U.S. law)?
  #2  
Old 01-04-2009, 03:39 PM
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Is there any way that you could contact the guy from craigslilst who sold you the phone and see if he will make a statement on your behalf? Also, you should have the proof from the ATM withdraw with the time stamp on it; the bank also has a video of you doing it. Is there anything at all that you can think of to prove you were at home just before the ATM? Did you use your cell phone, therefore there would be a record of that? Any internet usage that would prove you were home (DONT delete your cookies or history at this point in case you need it!!)
  #3  
Old 01-04-2009, 03:44 PM
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Quote:
Originally Posted by UDontBugMeClerk View Post
Is there any way that you could contact the guy from craigslilst who sold you the phone and see if he will make a statement on your behalf? Also, you should have the proof from the ATM withdraw with the time stamp on it; the bank also has a video of you doing it. Is there anything at all that you can think of to prove you were at home just before the ATM? Did you use your cell phone, therefore there would be a record of that? Any internet usage that would prove you were home (DONT delete your cookies or history at this point in case you need it!!)
I live with a roomate that can testify that I was home...
I can't contact guy who I bought the phone of since his phone # is in my other phone that got confiscated.
BUT NO PHONE WAS STOLEN...It was allegedly a gold chain...I am charged with possession of stolen property...EVEN THOUGH I DONT EVEN HAVE A CHAIN MYSELF....
  #4  
Old 01-04-2009, 03:51 PM
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well, you found the guy from the internet so go through your emails and try to contact him again. Maybe your roomates word wont fly in court...I mean you could have anyone say something sot hat may not hold too much weight. Find out where the robbery happened and then look around the area for any business that might have a security camera..that could be your proof right there. You need to play detective because you could be looking at alot of time if convicted. Can you afford a good lawyer, because you will definately need one.
  #5  
Old 01-04-2009, 07:10 PM
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I cant afford a good lawyer...is the public defender not going to help me enough?
Regarding the cameras...I just checked...there are none at the alleged place of crime...

WHAT DO I DO???
  #6  
Old 01-04-2009, 08:13 PM
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How about the word of the guy that got robbed? Pull your bank statement and you can show that you were at the ATM at a specific time. Your cell company will have a record of the numbers you have called that you can most likely access online. Your room mate is a good start for providing an alibi but your record will not help you with the D.A. at all. You need to work 24/7 on getting this case beat, otherwise you are looking at a very serious sentence in your near future.
  #7  
Old 01-04-2009, 08:40 PM
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What does the grand jury mean btw?
Im told that I have to testify before them...
  #8  
Old 01-04-2009, 11:28 PM
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a grand jury is usually a jury consisting of jurors with a legal background lawyers...it varies from state to state.....you need to request a public defender at your hearing and this maybe a bold step that others might ward off, but if that guy, the actual robber is out of jail on bail, you should go to his house or meet him in public and plead / him again....HOWEVER, this time you need to purchase a mini recorder and have it rolling while you make your plea...of course don't tell him it's rolling and MAKE SURE YOU SCRIPT YOUR QUESTIONS AS TO IMPLICATE HIS FRIEND..in other words, if you could make him say in context "I'm not going to rat my friend out for it" you would be rounding the bases....dude, I won a house in a law suit doing it, it felt really good......TAPE RECORDER.


EITHER WAY, the previous poster is right, you need to detect...this tape recorder plot doesn't have to be right off the bat...get your lawyer and then get your recording.....be smooth....and hey, as long as you weren't popped for stealing anything in your prior charges, I wouldn't sweat the DA to much if your in school and have been working.
  #9  
Old 01-05-2009, 03:54 AM
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Quote:
MAKE SURE YOU SCRIPT YOUR QUESTIONS AS TO IMPLICATE HIS FRIEND..in other words, if you could make him say in context "I'm not going to rat my friend out for it" you would be rounding the bases....dude, I won a house in a law suit doing it, it felt really good......TAPE RECORDER.
Oh brother,,,
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  #10  
Old 01-05-2009, 03:57 AM
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Quote:
Originally Posted by erain View Post
What does the grand jury mean btw?
Im told that I have to testify before them...

GRAND JURY - A group of citizens convened in a criminal case to consider the prosecutor's evidence and determine whether probable cause exists to prosecute a suspect for a felony. At common law, a group of persons consisting of not less than twelve nor more than twenty-four who listen to evidence and determine whether or not they should charge the accused with the commission of a crime by returning an indictment. The number of members on a grand jury varies in different states.
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If you pick up a starving dog and make him prosperous, he will not turn and bite you for your kindness, but he will stand by your side until death.
This is the principal difference between a dog and a man.
  #11  
Old 01-05-2009, 08:18 AM
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Quote:
Originally Posted by jhawktransplant View Post
a grand jury is usually a jury consisting of jurors with a legal background lawyers...it varies from state to state.....you need to request a public defender at your hearing and this maybe a bold step that others might ward off, but if that guy, the actual robber is out of jail on bail, you should go to his house or meet him in public and plead / him again....HOWEVER, this time you need to purchase a mini recorder and have it rolling while you make your plea...of course don't tell him it's rolling and MAKE SURE YOU SCRIPT YOUR QUESTIONS AS TO IMPLICATE HIS FRIEND..in other words, if you could make him say in context "I'm not going to rat my friend out for it" you would be rounding the bases....dude, I won a house in a law suit doing it, it felt really good......TAPE RECORDER. EITHER WAY, the previous poster is right, you need to detect...this tape recorder plot doesn't have to be right off the bat...get your lawyer and then get your recording.....be smooth....and hey, as long as you weren't popped for stealing anything in your prior charges, I wouldn't sweat the DA to much if your in school and have been working.
To put it bluntly, you have no idea what you're talking about. Please stop giving "advice".

A grand jury is a jury consisting of jurors with a legal background?? Seriously??? Oh my God.
  #12  
Old 01-22-2009, 01:44 PM
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Quote:
Originally Posted by jhawktransplant View Post
a grand jury is usually a jury consisting of jurors with a legal background lawyers...it varies from state to state.....you need to request a public defender at your hearing and this maybe a bold step that others might ward off, but if that guy, the actual robber is out of jail on bail, you should go to his house or meet him in public and plead / him again....HOWEVER, this time you need to purchase a mini recorder and have it rolling while you make your plea...of course don't tell him it's rolling and MAKE SURE YOU SCRIPT YOUR QUESTIONS AS TO IMPLICATE HIS FRIEND..in other words, if you could make him say in context "I'm not going to rat my friend out for it" you would be rounding the bases....dude, I won a house in a law suit doing it, it felt really good......TAPE RECORDER.

In the common law, a grand jury is a type of jury which determines whether there is enough evidence for a trial. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes and issuing presentments. A grand jury is traditionally larger than and distinguishable from a petit jury, which is used during a trial.

and dont be stupid and go meet this person in public. Itll look like you do know him and that your partners in crime. And I dont think tape recorders hold up or can be used as evidence unless you tell them your taping them its not a witness and can be altered. like everyone else said have your lawyer get a warrant for the video at the atm. Theres also a form you can fill out to have your cell phone removed from Confiscation my father used it for his wallet. its a deny approve situation. also use your receipt from the atm. and depending on your cell phone provider you can login to your account on their website to look up your phone records to get craigslist guys #. I hate to say it but if you dont do these things you might as well be guilty because this is evidence to prove your innocence and your throwing it away.
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