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BrittanyM2012 · Jul 13, 2012, 06:18 PM

About two months ago, my husband was arrested on two counts of armed robbery! He was going to see a friend and he walked in on his friend robbing someone. He went to court Tuesday, and the judge told him that he is holding him only because there is probable cause! It's been two months and they have no evidence.

ScottGem · Jul 13, 2012, 06:25 PM

Has he been charged? Was he allowed bail?

BrittanyM2012 · Jul 13, 2012, 06:28 PM

He hasn't been indicted yet but he was still charged with armed robbery. The judge says that it's a weak case and all the evidence is pointing towards the other guy.

BrittanyM2012 · Jul 13, 2012, 06:29 PM

His bond was $120,000 but now it's $75,000

AK lawyer · Jul 13, 2012, 06:34 PM

He will be held until he either comes up with bail or the case is tried. Does he have an attorney?

ScottGem · Jul 13, 2012, 06:39 PM

The prosecutor is not letting up the judge has no choice. He's not being "held for probable cause". He was charged with a crime, arraigned and give n bail.

BrittanyM2012 · Jul 13, 2012, 06:39 PM

He does have a lawyer! His lawyer thinks that he can get him off as a juvenile... But since he didn't have a weapon or threaten anyone in that nature, I was hoping that the judge could dismiss it! The witnesses said that he wasn't involved and that he ran when he saw the gun

ScottGem · Jul 13, 2012, 06:48 PM

Originally Posted by BrittanyM2012

His lawyer thinks that he can get him off as a juvenile...

He's your husband and a juvenile?

BrittanyM2012 · Jul 13, 2012, 06:50 PM

He's 20yrs old.

ScottGem · Jul 13, 2012, 07:00 PM

That's not a juvenile. Not close.

BrittanyM2012 · Jul 13, 2012, 07:03 PM

His lawyer said that! I thought the same thing

Fr_Chuck · Jul 13, 2012, 07:27 PM

Ok, this is the issue, I think they misunderstand what happened. For him to get in front of the judge, he had to be charged, you don't appear in front of the judge to talk about the crime.

He was charged, he most likely asked for the case to be dismissed or plead not guilty. The judge then would have held him over for trial. The first judge he saw would have been his first appearance.

So to be in jail for two months, and to have been in front of a judge, he would have been charged. The first judge would have been the first appearance to decide if there is enough evidence to hold him, That is what the judge ruled.

BrittanyM2012 · Jul 13, 2012, 07:32 PM

Originally Posted by Fr_Chuck

Ok, this is the issue, I think they misunderstand what happened. For him to get in front of the judge, he had to be charged, you don't appear infront of the judge to talk about the crime.
he was charged, he most likely asked for the case to be dismissed or plead not guilty. The judge then would have held him over for trial. The first judge he saw would have been his first appearance.

So to be in jail for two months, and to have been in front of a judge, he would have been charged. The first judge would have been the first appearance to decide if there is enough evidence to hold him, That is what the judge ruled.

He signed a paper for a bond reduction, and that's why he went to court. Is it possible that the case can be dismissed?

Fr_Chuck · Jul 13, 2012, 07:56 PM

There is always a chance for cases to be dismissed.

If he signed a paper for a bail bond, that is a wavier of first appearance ( at least in GA) and next you don't get a bond if you are not charged. I think he was looking for a TV version of being charged, standing in front of the judge and having the charges read. This is often wavied by the perosn charged, most likely he did not realise what was going on.

Opinion

BrittanyM2012 · Jul 13, 2012, 08:11 PM

OK thank you for all of your help. I really appreciate it