CanIbe charged with attempted robbery and possessing criminal tools without actually doing anything illegal?
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CanIbe charged with attempted robbery and possessing criminal tools without actually doing anything illegal?
I was sitting in my car with a mask, BB gun, and a pair of gloves. I was in front of an old village hall driveway. Cops drive down the street asked me what I was doing and I told them that I was lost. I showed them that I have a BB gun. They freaked out and arrested me. They found the gloves and change of pants in the car. They then took me to the police station and charged me with attempted robbery and possession of criminal tools. The only thing is that I did tell them that I was riding around looking for someone to rob. Is this enough evidence for an attempted robbery charge with criminal tools?
Asked on December 28, 2010 under Criminal Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, it probably is enough. An "attempt" does not necessarily mean that you were caught in the middle of the act--it's still an attempt if you were stopped before you actually got started. You have a confession you made, that you were effectively in the middle of a robbery (e.g. that you looking for someone to rob); you were caught with mask, glove, and, most importantly, a weapon--it may be a BB gun, but that's still a gun. If you haven't already, get a lawyer immediately to advise you; if you are actually charged and cannot afford an attorney, you have a right to have one assigned to you. In the meantime, do not say anything more to the authorities until and unless you speak with your lawyer and only what he tells you to say. Good luck.
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