QUESTION
Is my son liable for stolen items his dorm mate stole?
Asked on Jan 31st, 2012 on Criminal Law - New York
More details to this question:
My son's dorm mate has stolen property in their room that his dorm mate "acquired" last year when he was not my son's dorm mate. The local DA wants to also hold my son responsible even though he had nothing to do with it. Does the fact that they share a dorm room make my son legally liable for what is in the room?
6 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No, but remember that is your son's version of events the DA may have more evidence on your son that he was involved in trafficking stolen property then your son is letting on. Or it may be that the DA knows your son had nothing to do with it but will nonetheless arrest him on a technicality of being in possession of stolen property knowing that the charges will not stick but to put pressure on your son to rat out his roommate and then the DA will drop the bogus charges. In any event, the prudent thing to do is to retain counsel NOW.
Answered on Feb 08th, 2012 at 12:22 PM
Commercial Attorney serving New York, NY
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Aaron M. Goldsmith
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Under the description you have provided, the DA could not hold your son responsible for the theft. However, if your son was aware that anything was stolen, he can be charged with possession of stolen property. Obviously this can be a serious matter and you/your son should retain an experienced criminal defense attorney to represent him and best protect his interests. Best of luck.
Answered on Feb 08th, 2012 at 12:22 PM
Criminal Defense Attorney serving New York, NY
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Raiser & Kenniff, PC
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No it does not. The DA would have to show knowledge that the property was stolen and that your son actually possessed it (being in the room is not enough).
Answered on Feb 08th, 2012 at 12:11 PM
Theodore W. Robinson
No, your son is not responsible - especially if the items were stolen a year ago before they were roommates. However, that being said, it doesn't stop the DA from charging him anyway and then he has to defend himself. It may be a good idea to have him speak to a local attorney to see what an experienced attorney can do for him ahead of being charged with a crime.
Answered on Feb 08th, 2012 at 11:27 AM
If some of the stolen property is in the dorm room that your son occupies the prosecutor may think that they would be correct in charging your son with possession of stolen property.
Answered on Feb 08th, 2012 at 11:27 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Technically no, he is not responsible. But the question is what will people believe.
Answered on Feb 08th, 2012 at 10:27 AM