sorry, I was told to give as much detail as possible, Ill try to break this down...
My 19 yr old son is being accused of stealing a dirtbike. The person accusing him is a former employee of mine, retaliation against me and against my son for reasons Ill explain in another post then. She claims that my son & another person did the theft. This other person actually did steal the dirtbike and then invited my son to go dirtbike riding. They had all been riding the past few days prior to this and my son went, but he had to show up in court the same day because he was accidentally listed on the court papers as the father of my younger son, instead of as his brother. Even though this was a mistake by the cnty attny, I made him go to court for fear of him being arrested for failure to appear. It just so happened that the time of court was the exact same time the bike was stolen. My son DID go dirtbike riding after court and rode the bike that was stolen, he was told they could borrow it, and had no reason to doubt otherwise because the owner of the bike had been out there riding with them the past few days anyways. Now the person that stole the bike claims that he had nothing to do with the theft and it was 100% my son that did everything. This person needed to blame someone because he is already in trouble w/the law. I do have the court papers showing that he was to appear in court that same day at that same time. But the cnty attny is believing this thief just because it was stated in his files that my son was the one to blame for it all. It is all just a set up. When the officer arrived at the scene, the owner of the bike was riding the bike up to be loaded to take home. The officer said they tampered w/evidence should have left the bike alone. My question is can he be convicted of theft by "guilty by association" just because he rode the bike, or will the court papers I have get him off because he was in court at the time of the actual theft. All he did was ride the bike later because he was told he could borrow it.
My 19 yr old son is being accused of stealing a dirtbike. The person accusing him is a former employee of mine, retaliation against me and against my son for reasons Ill explain in another post then. She claims that my son & another person did the theft. This other person actually did steal the dirtbike and then invited my son to go dirtbike riding. They had all been riding the past few days prior to this and my son went, but he had to show up in court the same day because he was accidentally listed on the court papers as the father of my younger son, instead of as his brother. Even though this was a mistake by the cnty attny, I made him go to court for fear of him being arrested for failure to appear. It just so happened that the time of court was the exact same time the bike was stolen. My son DID go dirtbike riding after court and rode the bike that was stolen, he was told they could borrow it, and had no reason to doubt otherwise because the owner of the bike had been out there riding with them the past few days anyways. Now the person that stole the bike claims that he had nothing to do with the theft and it was 100% my son that did everything. This person needed to blame someone because he is already in trouble w/the law. I do have the court papers showing that he was to appear in court that same day at that same time. But the cnty attny is believing this thief just because it was stated in his files that my son was the one to blame for it all. It is all just a set up. When the officer arrived at the scene, the owner of the bike was riding the bike up to be loaded to take home. The officer said they tampered w/evidence should have left the bike alone. My question is can he be convicted of theft by "guilty by association" just because he rode the bike, or will the court papers I have get him off because he was in court at the time of the actual theft. All he did was ride the bike later because he was told he could borrow it.