1. Is Mr. Crook a Crook? Patricia Pryor Kaplan University CJ 227
2. Mr. Crook’s attorney would need to contact the police and find out if they were in fact looking for him. If they had probable cause to believe he committed the armed robbery, the attorney should then arrange for his surrender. This would be done after explaining a few things to Mr. Crook.
3. What is Armed Robbery? Armed Robbery is taking an item of value from another person by extreme force or threat. Robbery is committed against a person, business, and institutions. Armed robbery is a felony in every state, threatening people and demanding something from them is robbery. Regardless, if they are injured or not. It is also armed robbery to demand money from a store clerk at any operation. Armed Robbery will require a weapon, aggravated robbery will then involve the use of a deadly weapon. Even if someone uses a toy gun it is still what appears to be a deadly weapon. Therefore, they can be charged with the same thing. In some states, it is considered aggravated robbery if you cause serious bodily injury or death to someone. In the state of Pennsylvania, there is a delicate line between mere theft and robbery. For example, if you pluck a purse while a women is eating in a restaurant it is considered theft, but if you were to hit an elderly person over the head and snatch her purse it is considered aggravated robbery. The difference is force threat, when using a bat there is the threat against her. Another example would just be theft if the thief slips it off her arm without the victim even knowing, but if there is any sort of resistance than it can be considered robbery.
4. Mr. Crook states that he is worried about being arrested for an armed robbery of a gas station that occurred the night before. The attorney for Mr. Crook will explain that everything stated will be under attorney-client privilege. This will preserve the confidentiality between the communication between the lawyers and his client. This is done to encourage truthfulness in order to ensure factual and relevant legal advice. Help clients not be reluctant to seek attorney advice Helps promote voluntary compliance with laws and regulations
5. Informationto know when arrested Mr. Crook would understand that this is going be tremendously stressful situation for him. His attorney would do their best to inform him of what to expect in the hours, weeks, and months following the arrest. First Mr. Crook needs to be aware that he will be handcuffed, most likely behind his back. This is for security concerns. They will then search him, looking for any illegal items. Secondly Mr. Crook will be driven to the county jail, there he will be photographed, fingerprinted, given an examination by a prison nurse and then searched again, which can include a cavity search. Thirdly all personal belonging will be turned over and receipt will be given. A jumpsuit and slip-on shoes will be issued. He will then be placed in a holding cell.
6. Mr. Crook will then be advised by his attorney to speak to no one about the specifics of his arrest. The person in the cell may seem like a friend, until they are testifying against him. Also, he will be informed to monitor what is said over a phone conversation, as they can be recorded. Mr. Crook will then be booked in to the county jail, this process can take up to twelve hours after the arrest. After the booking, he can then post a bond and be released depending on the actual charges. The amount of the bail can range from a few hundred to several thousand dollars. At this point, he can then contact a bail bondsman, who can charge ten percent of the bail as the fee. He may also be asked for some sort of collateral. If bail cannot be afforded Mr. Crook will be allowed to ask the judge to reduce the amount. Most states require that you are taken before a judge for arraignment within forty eight hours of the arrest. The judge will then notify him of the charges and reconsider the bail amount.
7. The attorney will inform him that a misdemeanor is usually only a small fine and up to one year in jail. A felony can be heavier fines, more than one year in state prison, loss of certain rights like the right to vote or owing a gun. The defense will enter a plea to the charges, at this point there will be a series of pre-trial hearings, motions to file, preliminary hearing, and either an agreement or a trial date set. The case can end in three different ways. The prosecution will drop the charges, or the judge will dismiss them. The defense will arraigns a plea bargain. The case will go to trial in criminal court and the jury will issue a verdict.
8. If Mr. Crook case goes to trial, his attorney and the prosecutor will pick the jury and begin the trial where they will have opening statements, examine and cross-examine witnesses. Mr. Crook will not be required to testify and it will not be held against him. After both sides rest, the judge will inform the jury about the relevant laws. The jury will then deliberate and then come back out to present the verdict. If Mr. Crook is acquitted, he can not be tried for the same charges. If there is an acquittal, the defendant may never be tried for the same charges again. If there is a conviction there can be right to an appeal.
9. Speaking to the Police When speaking to the police you must be sure you are given the Miranda warning, this is due to the Supreme Court Case, Miranda V. Arizona. This is what affords the accused a reminder that they have a constitutional right not to incriminate themselves. Everyone is also given the right that, “ (no person) shall be compelled in any criminal case to be a witness against himself.” Under the Fifth Amendment no one has to talk to the police about their alleged crime. Confessions A confession is the formal statement that is given to the police, this is done after the Miranda has been read, and the accused is given the right to have a criminal defense attorney present. It is typically an interview that is conducted by police detectives. The police detective will use certain methods that are legal in order to obtain a confession. This is why it is important to speak to a criminal attorney before entering a room and giving a confession.
10. Motions Motions are made all the time before, during and after a trial. They are made for various purposes. A few motions that can be used are, Motion to dismiss, would ask the court to dismiss an action. Motion to strike, would ask the court to remove inadmissible evidence, language, redundant pleadings. Motion for summary judgment, would ask the court to make a judgment solely on fact brought forth during pleadings.
12. Armed Robbery in PA Robbery is a Felony of the 1st degree in PA, there is no charge of "armed robbery" in PA, but robbery is under the PA penal code 3701(a)(1) (iv) 1st degree felonies are punishable by a maximum of 15 years in prison and a maximum fine of $20,000.
13. References Image retrieved from, pix.motivatedphotos.com/2008/6/25/63349955617, May 24, 2010 Miranda Rights. (N.D) Retrieved from, http://www.locallibertyonline.org/images/assay/large/Miranda-Rights.jpg, May 20,2010 Definition of Motion. (N.D.) Retrieved from, http://legal-dictionary.thefreedictionary.com/motions, May 25,2010 http://www.pacode.com/secure/data/204/chapter303/s303.15.html,. Retrieved May 18,2010
