How can you be arrested for a robbery charge, if no one pointed you out in a line-up?
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How can you be arrested for a robbery charge, if no one pointed you out in a line-up?
My husband was arrested for armed robbery. Hoever, he was never pointed out in a line-up, as in one was never done. Isn’t that necessary to be charged in any kind of robbery? He was in the car when the so-called robbery took place but the only way to prove it is if his brother (who is the one who got out of the car and suppposedly robbed the victims) signs an affadavit for him. He is willing to do this but what is required? Is it just his lawyer and the detective in charge? Or are others needed?
Asked on December 14, 2010 under Criminal Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
There is no need to point someone out in a line-up to charge someone with robbery. There are many other kinds of evidence that could apply, such as forensic evidence (DNA, fingerprints, fabric samples, etc.), the testimony of witnesses, the testimony of others charged with the crime, security camera tapes, etc. Line ups are just one of many tools used in law enforcement. If you husband is arrested for armed robbery, *don't* try to figure out what to do yourself; get a criminal defense attorney. If you can't afford one, your husband has a right to have one appointed for him. In the meantime, he should not speak to the police, prosecutor, etc. until he talks with his lawyer. Good luck.
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