What should I do if my son is being threated with prosecution for conspiracy?

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What should I do if my son is being threated with prosecution for conspiracy?

He is 18 and his friend is 16. His friend committed an act of “criminal mischief” (he broke a car window) while riding in my son’s car (my son was driving). It was caught on camera. The problem is now the officer wants to prosecute him for “conspiracy”. The only thing he knew about this act was that the kid said he was going to throw this toy at a car (about 2 houses from where the car was) and sarcastically my son said, “I bet you $5 you wouldn’t do it”. He didn’t think his friend would. But low and behold, he did it and shattered the window. What can happen to my son?

Asked on December 28, 2014 under Criminal Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Given that your son is an adult I would speak with an attorney as soon as you can.  In order to prove conspiracy the prosecutor has to prove "intent" on his part to promote or facilitate the crime.  There has to be an agreement.  It will depend on local case law if the egging on by an "adult" of a "minor" constitutes such a crime and I would not leave his fate to chance.  Good luck.


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