QUESTION
Is it legal to be charged with petit larceny when it was the person I was with who committed it not me?
Asked on Mar 06th, 2013 on Criminal Law - North Carolina
More details to this question:
I didn't find out she had been caught stealing till we were in the car. It seemed the store took my license plate down. My friend had her kid with her and was freaking that they would take her. I dropped them off and went to the police station, now I'm charged with petit larceny. My lawyer says I will get an acd. I have been terminated from my job. I work in a nursing home and I didn't do anything. The police say I drove off that's why I'm being charged. I don't want an acd. I am innocent and have never done anything illegal in my life.
4 ANSWERS
Michael J. Breczinski
If you did not know what they were doing then you are not guilty. Go to trial and fight the matter.
Answered on Mar 11th, 2013 at 8:02 PM
John J. Carney
If you are innocent you should go to trial and be found not guilty, but that will still show up on the NYSID computer as the same sealed dismissal so it is a risk without reward. You should only go to trial if you are sure you will win and you want to tell the prosecutor that you are innocent and will not even accept an ACD which will kind of look like you were a thief who got a break. An acquittal will look like you were probably innocent, but there is no verdict of "innocent" only not proven guilty.
Answered on Mar 07th, 2013 at 6:11 AM
2 Awards
This response is limited to Colorado law. Yes, the state can charge you with a crime based on an accessory theory. The state, prior to filing charges must believe that they can prove the case against you beyond a reasonable doubt- that is its burden. Whether you will be found guilty or not is another question. Any person accused of a crime has a right to a jury trial- to test the evidence against them and defend the charges. If the case is not proven, a jury should acquit, if it is a jury should convict. Any criminal defense attorney with experience will tell you that there is no way to predict what a jury will do. Just because you are accused of a crime does not mean that you have to plea to it. You can go to trial on the issue and allow a jury to decide if a crime was committed. As you have an attorney, you should review the strengths and weakness of the case with him/her and then decide if a plea is the best result for you.
Answered on Mar 07th, 2013 at 6:10 AM
Criminal Defense Attorney serving Chapel Hill, NC
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You can be charged but you have a defense to the charge. It would be helpful if the person you were with exonerated you. Make sure you have a lawyer.
Answered on Mar 07th, 2013 at 1:17 AM