department store theft

[neofed]

This is the evidence: Suspect hands his friend a jacket knowing that it will be stolen. However, the suspect leaves the store without any stolen goods on his or her person and him and his friend are charged(his friend having the stolen goods). Is that ample enought to charge them both with theft, or should/could the suspect fight for a lesser/no charge?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by neofed:
This is the evidence: Suspect hands his friend a jacket knowing that it will be stolen. However, the suspect leaves the store without any stolen goods on his or her person and him and his friend are charged(his friend having the stolen goods). Is that ample enought to charge them both with theft, or should/could the suspect fight for a lesser/no charge?<HR></BLOCKQUOTE>

My response:

Your son (you gave that info up when, in your first sentence, you said: "Suspect hands **his** friend . . .") is an accessory "before" and "after" the fact. Your son allegedly aided in the commission of a crime; theft. Your son, under the law, is considered as potentially guilty of the crime as if he was the one who "physically" carried the jacket out the door. However, a "deal" might be accepted by the D.A., and the judge, if he rolls over on his friend. But, what is questionable in this matter is your statement: "[My son] hands his friend a jacket **knowing** that it will be stolen." Who knows this "fact"? Does the store security? The police that were called? I would also ask the D.A., through your son's attorney, to see the store video. You're entitled to view it.

IAAL


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[neofed]

I believe my son told the store security when they were questioning him that the jacket was for him but I'm not sure exactly what they wrote in the report and what exactly was told to the police that came. He had two friends with him that were actually doing the theft, one a young offender. If there is no evidence of him handing the jacket over on the video tapes, would it be good to fight it? Or in your personal/professional opinion, what would be the best course to follow? Just plead guilty, or do you think it would do any good to try to convince the store to drop the charges somehow?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by neofed:
I believe my son told the store security when they were questioning him that the jacket was for him but I'm not sure exactly what they wrote in the report and what exactly was told to the police that came. He had two friends with him that were actually doing the theft, one a young offender. If there is no evidence of him handing the jacket over on the video tapes, would it be good to fight it? Or in your personal/professional opinion, what would be the best course to follow? Just plead guilty, or do you think it would do any good to try to convince the store to drop the charges somehow?<HR></BLOCKQUOTE>


My response:

Before you do anything else, you've got to find out what evidence the store has on your son, and the crime in general. Contact store security to read the reports, and view any video. If allowed to do so, and NO MATTER WHAT THE EVIDENCE SHOWS OR DOESN'T SHOW, SAY NOTHING TO THEM BEFORE, DURING OR AFTER, EXCEPT "THANK YOU." And walk away. Depending on the evidence, you will want to seek the advice of an attorney in your area.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."