• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

need your opinion,when is enough evid. enough?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

have?inva

Junior Member
What is the name of your state?va

this is my first time on so bare with me please.so here's the story,in sept. of 04' i was pulled for speeding i was told i had an outstanding warrent for my arrest.the charges wre attempted petty larceny,felony forgery and uttering,3 charges in all.The attempted petty larceny is a misdomenor so when we(my lawyer and I)go to court the prosecutor says she has 4 witnesses and video of the incident.what i'm being accused of is going into a grocery store buying some items and writing a check for $over the amount,but it was not my check.They state that when the check was entered it came back stolen and when the manager took it back in the office the suspct fled!The only witness who testified in low court was the women manager who says she took the check and me into her office and questioned me for about 20 minutes before the police arrived and took me to jail!open and shut case,caught redhaned,right?Well based on that evidence the judge fave me 8 months on a 43.00 attempted petty larceny,now what really is the case is i was never arrested in that store they had the witnesses go down and out of black&white photo pictures pick a picture out,one of the managers went the next day and picked my picture,i've been arrested in01' before for this sort of crime,i'm 27 and only been in trouble once,now the 2nd witness went a week later, piched me,the 3rd went 2 months later and picked me and the 4th well there was no date on the photo line up of only 6 diff. girls none really resembled me,i'm fm br eyes br hair 5'7,130lbs,as average as you can get.now keep in mind with all the witnesses they all work together,all managers,and the pictures or numbers under the pics. never changed i was always labled number1.next thing is the prosecution knew the one lady witness misconstruded her story of having me in her presence for over 20 minutes,she knew that all the witnesses hadn't seen the suspect for no more than less then a minute each,but she let her tell that story,yes it was more than a year and a half but if she couldn't remember what happened she should have said nothing,did she perjer herself?next when we got up to high court for the felonies(we appealed the misdomenor)the da says thay can no longer find the tapes ,they could have helped me very much,proving all there witnesses were lying.I also have 2 witnesses saying that i was at work an hour and half away at the time.My lawyer is giving me no confidence at all,i feel he's doing no investigating at all the only time he spends on the case is when we get to court,when i asked about the police report or other important things about the witnesses he sat's that what trial is for but i feel it will be to late buy then,another thing is my lawyer had a report that they could find no fingerprints on that check beloned to me,none!I have a littlke girl and i straighted my life out after that first incident along time ago.So does it sound like i have much to worry about?Can the testimony of those witnesses who,1 already messed up telling the story ,2 men who were by the door and say someone run past them and the4 well don't know who she or he is?only saw 3 in court both times,oh in hihg court we had to get a continuence because they never turned any evidence over to my lawyer and now they "lost" the video.Please tell me if they have enough for a solid convictionor do i at least have enough for resoable doubt? also would you suggest a judge or trial by jury,i asked my lawyer and he said if i wanted a jury trial and i get found guilty the punishment will be worse!Thank you for your time and sorry about the "book" i've written here i just wanted to give you as much backround as possible , hope to here from you soon


sincerly jcm,
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top