Accessory to the crime in question

I have a friend and she was arrested for a crime that she did not commit. Breaking and Entering and Petty Larceny. Her brother broke into the store and stole some items but she was not aware of what was going on at the time. She thought she was just giving him a ride to the store. Her public defense tells her he can’t get it dropped i need to know what should she do

Asked on June 2, 2009 under Criminal Law, Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your friend needs to listen to her attorney's advice, which I'm sure includes not talking about the case.  I'm assuming, here, that she doesn't have the same public defender as her brother -- if I'm wrong about that, she needs to make it right, because she will need to prove that she was not her brother's willing accomplice, here.

If your friend had actually known, or had good enough reason to know, what her brother was up to, or what he did, she'd be equally guilty, under the law in most states, as an accomplice.  A lot will depend, here, on whether her brother owns up and admits that she didn't know, or whether your friend's testimony will be believed.


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