What advice can I give a friend facing 2 felonies if there is no physical evidence, only witness testimony?

He is facing 2 counts of felony distribution of an illegal substance to a minor. The only evidence is the testimony of the minor. He is innocent, but doesn’t have an allibi because he was home in bed at the time of the crime. How can he beat a charge where they claim they don’t need any physical evidence? Can you really be convicted just because someone said you did it, even when you were 50 miles from the crime? His court appointed attorney is suggesting taking a plea bargain because he doesn’t have evidence that he’s not guilty. That makes no sense to me.

Asked on July 20, 2012 under Criminal Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you are a licensed criminal defense attorney in the state where your friend who is facing felony distribution charges to a minor, you really should not be giving him any legal advice. All you should be doing is giving him moral support.

From a practical point of view, the prosecution is reluctant to place monors on the stand to testify. If your friend truly is wrongfully charged, then the prosecution will be required to place the minor on the stand to testify where the defense gets a chance for rigorous cross examination to possibly discredit the witness.


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