CanIbe charged with attempted robbery and possessing criminal tools without actually doing anything illegal?

UPDATED: Dec 28, 2010

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CanIbe charged with attempted robbery and possessing criminal tools without actually doing anything illegal?

I was sitting in my car with a mask, BB gun, and a pair of gloves. I was in front of an old village hall driveway. Cops drive down the street asked me what I was doing and I told them that I was lost. I showed them that I have a BB gun. They freaked out and arrested me. They found the gloves and change of pants in the car. They then took me to the police station and charged me with attempted robbery and possession of criminal tools. The only thing is that I did tell them that I was riding around looking for someone to rob. Is this enough evidence for an attempted robbery charge with criminal tools?

Asked on December 28, 2010 under Criminal Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, it probably is enough. An "attempt" does not necessarily mean that you were caught in the middle of the act--it's still an attempt if you were stopped before you actually got started. You have a confession you made, that you were effectively in the middle of a robbery (e.g. that you looking for someone to rob); you were caught with mask, glove, and, most importantly, a weapon--it may be a BB gun, but that's still a gun. If you haven't already, get a lawyer immediately to advise you; if you are actually charged and cannot afford an attorney, you have a right to have one assigned to you. In the meantime, do not say anything more to the authorities until and unless you speak with your lawyer and only what he tells you to say. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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