How do I prove my innocence if a co-defendant told the police that I partook in three robberies but I was not with him? 27 Answers as of June 13, 2013

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
First of all, it is not up to you to prove your innocence, it is up to the prosecution to prove your guilt beyond a reasonable doubt. You need to consult with an experienced criminal defense attorney and discuss your case in more depth. Do not talk to the police or make any statements or confessions regarding the case until you do.
Answer Applies to: Michigan
Replied: 11/6/2012
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
You are not required to "prove your innocence". The state has the burden of proving guilt "beyond a reasonable doubt". If the state chooses to charge you based on the statements of the co-defendant, you enter a plea of not guilty. If they have nothing more than the statement of the co-defendant that you were involved, they may well not have much of a case against you.
Answer Applies to: Minnesota
Replied: 11/5/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You retain the right attorney to pull their criminal history and cross-examine them before the jury.
Answer Applies to: Georgia
Replied: 11/5/2012
Shane Law Office
Shane Law Office | Robert J. Shane
You will need to present an alibi defense by locating witnesses who will testify that you were at a different location at the time of the offense. You will also need to find out the co- defendant's motivation for linking you to the offense like a favorable plea agreement offered by the prosecution.
Answer Applies to: Minnesota
Replied: 11/5/2012
Law Offices of George Woodworth & Associates
Law Offices of George Woodworth & Associates | George Woodworth
You need an experienced, criminal defense attorney to pull together all of the evidence that proves that you did not participate in the three roberies. You can show where you were at the time of the robberies, and if someone was with you, then they can testify for you also. In addition, the victims of the robbery can also help normally with descriptions of the actual robbers, and how many of them were there. Also, contradictory statements made by the actual robbers can be used against them in court. Don't give up. Fight for your freedom, but get an excellent attorney to help you win the day!!
Answer Applies to: California
Replied: 11/4/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    In many states you cannot convict anyone with only co-defendant testimony. You don't have to prove anything. Hire an attorney.
    Answer Applies to: Alabama
    Replied: 11/4/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    Consult with a lawyer to discuss the evidence and prepare your defense
    Answer Applies to: Michigan
    Replied: 11/4/2012
    Law Office of Stephen Barker | Stephen Barker
    Provide your own alibi witnesses or take a polygraph
    Answer Applies to: Michigan
    Replied: 11/4/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. If you have not done so already, I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 11/4/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    Simple. You hire a lawyer and fight your case.
    Answer Applies to: California
    Replied: 6/13/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You do not prove anything. It is up to the DA to prove that you are guilty.
    Answer Applies to: California
    Replied: 11/4/2012
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    You should retain a good criminal lawyer to handle the case. He will investigate the matter and find out what evidence you have to prove that you are innocent and what proof the prosecutor has to use against you.
    Answer Applies to: New York
    Replied: 11/4/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hire a lawyer, and do it before you do something stupid, like try to explain yourself by opening your mouth and incriminating yourself further.
    Answer Applies to: California
    Replied: 11/4/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It's your word against his word, all boiling down to a matter of credibility. In order to prove you guilty beyond a reasonable doubt, it should take more evidence than a co-defendant's word to establish your guilt. Also, you should gather witnesses to establish an alibi, if one exists. Also, the victim of the crimes should be able to state you were not present when the crimes occurred. Hire a lawyer, he will be able to force these issues before a jury for you.
    Answer Applies to: Illinois
    Replied: 11/4/2012
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    You need to get an attorney to deal with this and destroy their credibility.
    Answer Applies to: California
    Replied: 11/4/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    First off, do not talk to the police without a lawyer present. Second, you should get a lawyer if you do not already have one. Third, it's not your job to prove your innocence. It's the job of the police and the prosecutor to prove you are guilty. That being said, there are some things that can help you such as an alibi or maybe phone records. If you can prove you were somewhere else then obviously you are innocent.
    Answer Applies to: Utah
    Replied: 11/4/2012
    Attorney at Law | Michael P. Vollandt
    You need an alibi with someone who was with you some place other.
    Answer Applies to: California
    Replied: 11/4/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You do not have to prove your innocence. If you are charged, the prosecutor has to prove your guilt beyond a reasonable doubt. Looks like in this case attacking the credibility of the co-defendant will be the biggest part of attacking the evidence against you.
    Answer Applies to: Colorado
    Replied: 11/4/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Your best bet would be filing and presenting an affirmative ALIBI defense.
    Answer Applies to: Pennsylvania
    Replied: 11/4/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    First you should consult with and retain an attorney. If you cannot afford one you should apply for a public defender. Your attorney will need to conduct a thorough investigation after learning the details of the three robberies, when and when they occurred. He will need to look for surveillance and interview witnesses.
    Answer Applies to: Pennsylvania
    Replied: 11/4/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    It is called alibi. That is what you need alibi witnesses.
    Answer Applies to: Florida
    Replied: 11/4/2012
    Mary W Craig P.C. | Mary W Craig
    You do not have to prove your innocence; the State must prove your guilt. The State must have some evidence besides your co-defendant's testimony in order to convict you.
    Answer Applies to: Alabama
    Replied: 11/4/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The problem here is not proving innocence but showing reasonable doubt as to you guilt. To prove innocence is often impossible. To show reasonable doubt is an easier task. That is the standard at trial. If there is reasonable doubt as to you guilt then the jury has to find you not guilty. They may think that you did it but if they have reasonable doubt then it is is proven and you are not guilty beyond a reasonable doubt. The questions an attorney would ask would be many. What are the holes in the other person's story. Why is he putting this on you? What is his motivation? Where were you when the the crimes happened? Were there other people with you? These are the things a good attorney would be thinking about. You need a good attorney.
    Answer Applies to: Michigan
    Replied: 11/4/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    You need to get a very good lawyer. Robbery is one of the most serious crimes in Pennsylvania and three of them could result in a very lengthy jail sentence. You will need a good lawyer to poke holes in his story as juries tend to believe co-defendants even though they are inherently unreliable sources.
    Answer Applies to: Pennsylvania
    Replied: 11/4/2012
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    The police and DA's job is to secure a conviction. A defense lawyer's job is to find evidence to prove your innocence. It is imperative that if you are innocent that you engage a lawyer. Even if the police of DA found evidence to support your claim of innocence they would not use it since their eye is trained on finding evidence that would prove their case. So discarded evidence that proves your innocence must be utilized by a defense attorney to show you are innocent.
    Answer Applies to: Alabama
    Replied: 11/4/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You need the assistance of a skilled and highly experienced criminal lawyer who will poke holes in the co-defendant's story.
    Answer Applies to: New Jersey
    Replied: 11/4/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    I would start with albi evidence. Try to reconstruct where you were when the robberies took place and who you were with. Then I would hire a good defense lawyer.
    Answer Applies to: Washington
    Replied: 11/3/2012
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