What's Next for O.J. Simpson?

Sept. 17, 2007 — -- O.J. Simpson may still face serious criminal charges in the alleged armed robbery of two sports memorabilia dealers even if he never personally carried a weapon or if the items actually belonged to him, criminal defense attorneys tell ABC News.

If the others in Simpson's entourage had guns during the incident, during which police say Simpson and five other men robbed two memorabilia dealers, Simpson could be charged with robbery with a deadly weapon and other crimes, lawyers say.

"If you've got the gun and I'm saying, 'Give him the money,' we're both going to be charged with the same offense," said Jeffrey Shaner, a criminal defense lawyer in Las Vegas.

Though acquitted in 1995 of killing his ex-wife and her friend Ronald Goldman, the former football star now faces the prospect of spending the rest of his life in prison.

Simpson was arrested Sunday in Las Vegas and booked on suspicion of two counts of robbery with a deadly weapon, two counts of burglary with a firearm, assault with a deadly weapon and conspiracy to commit burglary for reportedly stealing sports collectibles from two memorabilia dealers. He faces at least four and up to 30 years in prison on each of the armed robbery charges alone.

'In Hot Water'

"He's facing some extremely serious charges," said Luis Rojas, a former prosecutor with the Las Vegas district attorney's office. "He's in so much hot water right now."

Simpson has described the incident as a "sting operation," saying he was only retrieving items that were stolen from him.

Bruce Fromong, one of the dealers in the room and a former friend of Simpson's, said on "Good Morning America" that Simpson and his cohorts initially said they were customers looking to buy memorabilia.

"The door burst open, and in came, running in, almost commando style, O.J. Simpson and some of his people, with guns drawn," Fromong said. "And O.J. at that time was saying, 'I want my stuff. I want my stuff.'"

Simpson told The Associated Press that the memorabilia -- including autographed sports collectibles, his Hall of Fame certificate, a photograph with former FBI director J. Edgar Hoover and video from his first wedding -- were all his.

Simpson said that no guns were used during the incident and Fromong acknowledged that Simpson was not carrying a gun, though he said others in the room were.

Gun Charge May Stick

But, even if he was not carrying a weapon, lawyers told ABC News, Simpson may still face legal trouble, though Simpson could argue in court that he didn't know someone would pull a gun during the incident, making him less culpable for what his companions allegedly did.

David Chesnoff, a local criminal defense attorney, told ABC, "It doesn't matter whether you held the gun if you were directing traffic."

An alleged recording of the incident, released by the celebrity news Web site TMZ.com, begins with Simpson purportedly demanding, "Don't let nobody out of here."

"Think you can steal my s--- and sell it?" the voice identified by TMZ as Simpson's said.

The recording was made by Thomas Riccio, co-owner of the auction house Universal Rarities. Riccio told ABC News' Jim Avila that he and O.J. planned the incident but said guns were never mentioned before they went in. He was shocked when some of Simpson's friends pulled weapons, he said.

Riccio has not been charged, though Simpson associate Walter Alexander was arrested and released Sunday. Police are still looking for four suspects who allegedly broke into the room.

Should Have Called Police

Las Vegas police said they had recovered two guns from a search of a private residence Sunday. Riccio also said on Geraldo that cell phones were taken from the hotel room.

Police have not determined who owns the memorabilia, and lawyers told ABC News that they expected Simpson to defend himself in court by claiming that the collectibles belonged to him. A jury could be sympathetic to that claim and acquit him or give Simpson a lesser sentence if convicted, lawyers said.

"This is a relatively unique situation," said Tom Pitaro, a local criminal defense lawyer. "He's saying, 'These are my things that they stole. They're the criminals.'"

But even so, Simpson could face serious criminal charges, especially if a jury determines that guns were used in the incident.

"You do not have the right to use force to retain or recover your property," said Rojas. "Even if the property was his, his recourse is to call the police."

Hearing Wednesday

The Clark County District Attorney's Office has not formally charged Simpson and the district attorney has said that Simpson would probably be charged with seven felonies and one gross misdemeanor. Charges must be filed by Wednesday morning, when Simpson will make a court appearance, said Judge Nancy Oesterle.

At that appearance, a judge will decide whether Simpson will be released on bail. Simpson has been held without bond at the Clark County Detention Center since his arrest Sunday. According to Oesterle, Chief Judge Douglas Smith decided not to release Simpson pending his Wednesday hearing because he had no connection to Las Vegas and could pose a flight risk.

Assuming he is charged, it could still be months before Simpson is brought to trial -- this time probably without the legal "dream team" that defended him at his 1995 criminal trial in Los Angeles.

"This is not L.A.," said Jeffrey Shaner, a criminal defense lawyer in Las Vegas. "Nevada juries are known for reducing things down to the basics and moving on."