Falsly Accused Robbery

[gooner881]

have a son who has wwrongly been accused of robbery, his dna was found in the house, however he was friends with the defendant so there is no question of him breaking an entry or anything the defendant has said he let my son in voluntarily however the only evidence is the witnesses statement which is a lie, can this case be dismissed or does he have a case to answer, it is essentially his word vs the defendants how worried should we be

[mrs_overall]

Has he been charged?

[shoota]

Robbery is 'theft with violence'.
Do you mean burglary - entering a building as a trespasser and stealing?
Or 'theft from a dwelling' - stealing when you are lawfully in a building?
I presume you have mixed up 'defendant' with 'victim'?

[mrs_overall]

Blimey - shoota of the Bailey

[sara3]

Your son is the defendant. Who has given a statement against him?

[shoota]

Hello, hello, helllo Mrs O :-)

[bednobs]

The DNA is surely a red herring if the son was let in by the person - is not proof of anything one way or another.
Are you sure that the witness statement is the only evidence the police have?
Are you sure your son didn't do it?
Id the defendant saying he was threatened by your son (i have a vague recollection that robbery as opposed to theft is with a threat attached, physical or verbal)
TBH i would have thought that legal representation ought to be sought, and that person will be able to give you a much better idea of the strength of the case rather than us, people without the benefit of both sides of the story

[mrs_overall]

Hello shoota xx

This post makes no sense.

[gooner881]

hii sorry yes i confused defendant with victim.. he has been charged to appear before the crown court yes. it is being called robbery because the victim has made the allegation that my son grabbed him before taking the wallet, both of which my son denies both grabbing him and taking the wallet, the only person that has given a statement against my son is the victim. legal representation claim the victim statement is a strong source of evidence and have advised my son that an early guilty plea may be in order however he assures me 100% he did not do anything he is being accused of, me personally felt that the victim statement alone with no other witness statements would not be enough and the dna would be disregarded because he had permission to be in the house.

[bednobs]

is the putative victim someone he knows? the person that let him in?

[factor-fiction]

I'm not clear whether your son had the wallet, and if so is he saying he was given it?

[gooner881]

I am worried that the case has been allowed to go this far (trial date has been set) without lack of what it seems to be proper evidence, i understand allegations have to be taken seriously but i dont understand how a jury can be given the job to possibly convict someone merely based on the word of the so called victim without any supporting evidence of an actual robbery taking place.

[sara3]

Why would the victim make this up? Does your son have an alibi?

[gooner881]

no my son was stopped shortly afterwards and was found with nothing that was said to have been taken, this is also in the evidence and the police officer that stopped and searched him also stated in the evidence that my son was not out of breath from running or did not act in a strange/suspcisious manner.

[sara3]

The CPS will have satisfied the magistrates that they have enough evidence to secure a conviction, and your son should have been served copies of all the evidence that may be used.

So what evidence is there?

[mrs_overall]

Gooner, I am a little confused. If your son had permission to be in the house, am I right in assuming the victim is a friend of your son's? Did they have a falling out? I am not doubting your son but it seems bizarre for someone your son knows to make this accusation out of the blue. Were they the only people in the house? If so, something must happened
between them.
Sorry if I sound cynical but it is such an odd set of circumstances

[TheHangman]

DNA is the biggest bucket of proverbial ever to surface. If you shake hands with a person then they go make a purchase, ten minutes later they are mugged and killed, it is more than possible your DNA will be found on the persons wallet. Transferred via the earlier handshake. The poor lad cannot win whatever the outcome, if he is proved innocent beyond a shadow of a doubt some will always suspect him. He is well clear of this friend by the sounds of it. But I don't think the accusation will hold water if there is nothing but an accusation to support it.

[sandyRoe]

Before a case does get to court doesn't someone weigh up the likelihood of securing a conviction?
A guilty plea at the earliest opportunity can substantially reduce any sentence.

[gooner881]

sara3 I do not know the exact reason the victim would make this up or what they have to gain from this all I know is they had a big falling out so possibly he wants to see my son punished, sounds strange I know but people have done more spiteful things in the past.. regarding alibi as stated before he has not denied being at the house but denies committing any robbery, there is no evidence of any robbery taking place

[shoota]

Does the victim have medical evidence of injury?
Has the property been found in your son's possession or has he been caught trying to use/sell a bank card?
If there is absolutely no other evidence it may just come down to which side the jury believe.
Only your son can make the decision as to whether that chance is worth taking as only he knows the truth. If he did do this then an early plea of guilty should gain him a more lenient punishment.

[bednobs]

with this drip feed of information, it's going to be impossible for anyone to advise you on here, in my opinion - you'd be better off speaking to his legal advisor for the answers to these questions. If it's going to trial, she will have the benefit of seeing the information the other side has, and being able to make a judgement on thngs. Is your son an adult or a child?