QUESTION

Can someone be tried for a crime that someone else has plead guilty to?

Asked on Sep 14th, 2012 on Criminal Law - Florida
More details to this question:
A young married man had an argument with his wife so he went to stay overnight with his brother and fell asleep on the couch. The brother picks up a female hitchhiker who he believes is 18 and he invites her back to his house and winds up sleeping with her. It turns out she is 15 and a runaway. She goes to the school counselor the next day and says she was raped but does not know which man did it because he "crawled into bed with her and it was dark". Both brothers are charged with Rape of a Child although the allegation is that only one man was responsible. The brother who crawled into bed with her plead guilty but to a lesser charge. Months later, the other brother was advised by his PD to pay him $500 (a bribe) which he did not have and he would get him off or to accept a gross misdemeanor plea of immoral communications with a minor. He was scared to death of the rape charge and told he'd face 20 years in prison so he plead guilty. His PD also did not tell him that they had lost the victim as she had run away again so there was no way he could have faced his accuser in court. This was about 15 years ago. The problem is that he did not realize back then that the gross misdemeanor charge would cause him to have to register forever as a sex offender which has kept him from getting jobs and caused humiliation when his name and photo was included in a sex registry for a state that puts even old gross misdemeanors online. It has affected the entire quality of his life and he is a really good guy, faithful husband (to 2nd wife of several years) and is genuinely sickened by pedophiles and men who, unfortunately like his brother, have loose morals or questionable conduct. He was just a scared young man who took a bad plea orchestrated by a crooked PD under duress. Since there was only one rape charge involving one perpetrator, and no accessory or conspiracy charge, were his civil rights violated in the charges against him (exactly the same ones as against).
Report Abuse

11 ANSWERS

More than one person can commit a crime. You could be charged as an aider or abettor. I don't know what state you are in and I can only advise about California cases.
Answered on Sep 27th, 2012 at 11:16 PM

Report Abuse
Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
Update Your Profile
15 years ago.... it is far too late to do anything. You do not know if there was only one rape. Forensic evidence could have shown the DNA of both men in this girl's system. Without seeing the evidence, you do not know. Whether the PD was "crooked". I have no way of knowing, and neither do you. The fact that the PD got this person off with a pleas to a lesser charge, when he was looking at 20 years, I think is a pretty good deal. Further, it seems rather unusual that you/he would be waiting 15 years to bring up this issue.
Answered on Sep 19th, 2012 at 5:57 PM

Report Abuse
Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
Update Your Profile
Can someone be tried for a crime that someone else has plead guilty to? Yes. With the right facts. The conviction proves they COULD.
Answered on Sep 19th, 2012 at 5:57 PM

Report Abuse
Leonard A. Kaanta
He needs a good attorney.
Answered on Sep 19th, 2012 at 5:56 PM

Report Abuse
HE PLED GUILTY TO IT. NOW HE HAS TO PAY THE CONSEQUENCES. THAT'S WHY YOU NEVER PLEAD GUILTY TO SOMETHING IF YOU DIDN'T DO IT.
Answered on Sep 19th, 2012 at 5:56 PM

Report Abuse
Michael J. Breczinski
This long ago the only way to do something is to either convince the governor to look at the matter and pardon him or to try to file some sort of motion (Which the courts would not have to hear because of age.) to set aside the plea.
Answered on Sep 19th, 2012 at 5:55 PM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
Considering that this happened 15 years ago, I doubt that anything can be done since the statute of limitation is long gone. I would suggest that you contact an experienced criminal law or civil rights attorney for a face-to-face consultation and give him/her all of the facts surrounding the case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 19th, 2012 at 5:55 PM

Report Abuse
Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
Update Your Profile
Run this by an attorney.
Answered on Sep 19th, 2012 at 5:54 PM

Report Abuse
Michael Paul Vollandt
Yes you can. It would be odd bud you could also be charged.
Answered on Sep 19th, 2012 at 5:53 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
It is very unlikely that anything will be possible given the age of the incident, however you would be wise to counsel with an attorney for more definitive opinion. Good luck.
Answered on Sep 19th, 2012 at 5:52 PM

Report Abuse
Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
Update Your Profile
Have consultations with aggressive criminal defense attorneys in your area. Perhaps something can be done.
Answered on Sep 19th, 2012 at 5:52 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters