Charged with Class D Felony for Theft for taking scrap metal off of someones land. My friend lied to me and told me we had permission to take it. Help

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Charged with Class D Felony for Theft for taking scrap metal off of someones land. My friend lied to me and told me we had permission to take it. Help

I was asked by my friend to go “scrapping”(collecting metal and taking it to a scrap yard for money) with him. I needed to make some money so i said yes. He drove me to a property where he claimed he had permission from the owners to take the scrap metal off their property and take it to the scrap yard. So me and my friend started loading it into his truck. Shortly after, the neighbors showed up and called the police because they said we were stealing it illegally. Me and my friend went to jail and got charged with a class D felony for Theft. Like i said, i had no idea that we were doing it illegally. My “friend” had lied to me about having permission just to get me to help him do it. I am asking for someone’s help and advice on what i should do and if there is anyway i can get out of this charge that i should NOT have. I believe my “friend” will admit to him lying to me about having permission and tell them that i had no idea we were doing it illegally. Please someone get back to me as soon as possible. Thanks.

Asked on March 16, 2012 under Criminal Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

From what you have written about, it seems as though you were at the wrong place at the wrong time with respect to the criminal problem that you now have. I suggest that it would be a very wise idea for you to consult with a criminal defense attorney to represent you in this matter. Possibly the criminal defense attorney might be able to work some sort of a plea deal with respect to you especially if your friend takes the "fall".

In restrospect, you should have received written permission from the property owner to take the scrap metal. Had you done so, you would not be in the position you are in now.


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