Robbery and burglary charges are among the types of offenses that prosecutors take most seriously. Often these charges require an offender to serve time in prison if he or she is convicted. The State usually has very experienced prosecutors assigned to handle robbery and burglary charges, and that is why it is extremely important for a person accused to also hire an highly skilled and experienced attorney to work on his/her defense.
The State usually tries to prove burglary and robbery cases in two ways: direct evidence (ex. witness identification) or circumstantial evidence (ex. fingerprints). If the State tries to prove the case with direct evidence such as a witness testimony, a good attorney will extensively investigate into the witness background which would include whether the witness has any prior arrest record, history of mental illness, drug or alcohol addiction, drug or alcohol use the day of the incident, the witness ability to see or know things he or she is testifying about, or any personal motive the witness may have against you.
Even if the police claims you allegedly confessed, a good attorney will inquire whether the police read our client his/her Miranda warnings if he/she was in custody, whether our client invoked his/her Miranda Rights, and whether the alleged confession was made freely and voluntarily or was it the product of police coercion, threats or intimidation.
If the State has circumstantial evidence, such as fingerprints, DNA, or forensic evidence, our attorneys will investigate the methods the police used in preserving the evidence, and whether that evidence is sufficient for the State to prove the burglary and robbery charges.
Eyewitness testimony is often used in the prosecution of burglary or robbery cases as well. However, studies have found that eyewitness testimony is among the least reliable pieces of evidence that should be utilized. Misidentification, faulty memory, blurred or hindered views, people who look or sound alike, people who have seen someone before and are confused about time sequences, poor eyesight or too brief of an encounter are all reasons which eyewitness identification is subject to serious questions and doubt when being used against an accused. More innocent people have been wrongly or falsely convicted for misidentification than any other reason.
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