Can I be charged with the same theft charge that my wife has been convicted of if she’s in prison right now for the same theft charge?

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Can I be charged with the same theft charge that my wife has been convicted of if she’s in prison right now for the same theft charge?

My wife is currently in prison for grand theft of state property. Which being solar panel and batteries that was picked up off side of the road. Now the da is trying to charge me with the same charge my wife is in prison for. Is this legal?

Asked on April 30, 2019 under Criminal Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is legal if you participated in the crime: clearly, crimes can be committed by more than one person, and everyone involved in the crime may be charged, whether with the crime itself, or with being an accomplice or aiding and abetting, or with conspiring to commit the crime (which one depends on the exact facts). So if there is evidence you participated, you can be charged, too.


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