QUESTION

Can my daughter be charged of murder if she only happened to be with the murderer at the time the crime was committed?

Asked on Feb 16th, 2013 on Litigation - Georgia
More details to this question:
My daughter was with two people. One of them shot and killed a man and his girlfriend and dumped their bodies. Even though she did not know this would happen, she was charged with two counts of first degree murder. She has already been waiting a year in jail to be indicted. Can they charge her with this?
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6 ANSWERS

John J. Carney
If she helped in any way to be a lookout, help them escape, helped dispose of the bodies, or helped to hide them she is an accomplice and there fore just as guilty of murder as the person who shot them. If she was a part of a crime they committed she could also be guilty under the felony murder rule. If she testifies against them and the prosecutor needs he rt o get a conviction she might get less than 25 to life. She faces 50 to life with two people being murdered. She should have ran away when they killed them and reported it to the police to not be charged as an accessory.
Answered on Feb 24th, 2013 at 7:11 PM

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Michael J. Breczinski
Thy can charge her, but the defense is called mere presence. If she was just there and did not help then she is not guilty of anything.
Answered on Feb 21st, 2013 at 8:21 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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IT is possible depending on the circumstances and your daughter needs and attorney! It all depends on the circumstance and what she knew they were planning to do.
Answered on Feb 21st, 2013 at 5:05 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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They can charge her with this and anything else. The question is, can they convict her? They would have to be operating under the theory that she was an accomplice or acted in concert either before, during, or after the fact to help them commit this crime. If so, she is liable for the same actions even though she may not have directly helped commit them. If she had no knowledge as to what was going on or did not participate or help them in any way, that would be a good defense. This is a very serious matter and she needs an experienced criminal attorney on her side.
Answered on Feb 21st, 2013 at 5:03 AM

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Yes. It's called the "Felony Murder Rule." Look it up.
Answered on Feb 21st, 2013 at 12:08 AM

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Domestic Violence Attorney serving Orange, CA at Law Office of James Gandy
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To charge someone with a crime, the government only needs probable cause to believe that the person committed the crime. It is, therefore, possible that a person could be charged with a crime though they could be later found not guilty. All the government needs is enough evidence to support probable cause (remember that evidence includes testimony - what people say; it is not just physical objects or documents [videos, tapes, etc.]). If the government can establish probably cause, which is simply that it is more likely that a person was involved in the crime than not, then the person can face criminal charges. This is different than the standard of a trial - beyond a reasonable doubt.
Answered on Feb 20th, 2013 at 11:57 PM

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