Accessory to Burglary...

[CageAngel]

My little brother was arrested early this morning for driving a friend of his to a liquor store and while he waited in the car for him, his friend took it upon himself to steal two 18 packs of beer. My brother did not know what he did until his friend got back in the car. My brother is very naive and vulnerable in a sense and chose not to "go against" his new friend in fear of his disapproval, so he took off and proceeded to drive the guy home. Well, they never made it, they were pulled over by Sherrif's and arrested (never read Miranda Rights), and booked at the local station.

I'm now finding out that they are charging him with Felony Burglary probably due to them assuming or jumping to the conclusion that he is an Accomplice instead of Accessory. Any ideas on how he can prove otherwise, I don't know what to do now, a Felony would ruin his life and he is too young, his life is just beggining...

 

[CdwJava]

What state did this happen in? Not every state defines "accessory" or "accomplice" in the same way ... but, he is apparently being charged as a principal to the offense, so neither is necessary relevant anyway.

Also, as a note, about 90% of arrests never require Miranda to be read. Miranda is only required when a person is arrested and interrogated. No interrogation means no Miranda.

- Carl

 

[CageAngel]

Sorry...I failed to mention that I'm in California. I know that here, the state does distinguish between accessory and accomplice and that the accomplice can be charged with the same thing as the principal and can even be charged if the principal isn't...I think that stinks.

However, I do not believe my brother should be charged either as an accomplice or principal, I believe him to be an accessory because he was not actually present in the store when this happened and was not aware that it happened until principal's return to the car.

 

[CdwJava]

What you believe wouldn't get you a cup of coffee. The matter will depend on what the state can prove at trial.

If you want to help him, help pay for an attorney. And tell him to get better friends.

- Carl

 

[CageAngel]

What you believe wouldn't get you a cup of coffee. The matter will depend on what the state can prove at trial.

If you want to help him, help pay for an attorney. And tell him to get better friends.

- Carl

Unfortunatley, you're right...I do not have on rose colored glasses nor do I have any sort of illusions of grandeur, especially when it comes to the eyes of the law.

However, I do not feel this same thing would have happened if say...he made better choices and was not driving around in the hood (excuse my ebonics).

I love my little brother but he does have a LOT of growing up to do.