Shoplifting, Larceny, Robbery, Theft Conspiracy of attempted Larceny

[Norseman]

I had a friend who was shopping in a store, and had hid in a dressing room so to steal from the store when the workers had gone home. He was caught in the store and had wanted his friend to pick him up from the store when he was ready. I was with his friend and knew fully of the actions taking place AFTER they had already happened but not prior to them happening hence i didn't PLAN for them to happen. Nonetheless he told the cops everything and they basically said i was involved and i have a warrent out for my arrest.

They are charging me for conspiracy of attempated larceny and attempted larceny.

Nothing was stolen, nor was i seen on the scene of the crime nonetheless I DID know he was stealing but not till after the fact.

Weird story but what sorta charges am i looking at?

Im a student in college, have a full time job and have never had a charge in my life let alone a speeding ticket.

Thanks

 

[NYClex]

That is serious stuff you are looking at. You should definitely get an attorney and plan a defense.

Conspiracy is a crime in itself, so it is not necessary for the underlying crime, here this would be the larceny, to have succeeded. Conspiracy basically is when two or more people agree to perform a crime. Usually the courts look only to some "overt act" the conspirators have performed in furtherance of the crime, like in this case, driving to the store, and the conspiracy already has been committed.

You can also be charged with aiding and abetting the larceny or as it seems to have happened, as an accomplice with attempted larceny.

Now it depends on the state you are in how the crimes will be classified. They probably are misdemeanors, but could even be felonies, which would mean serious jail time (though it would probably be probation if you don't have a record). This can seriously affect your later carreer as you will have a damaging record. Therefore you should get a lawyer.

The prosecution needs to prove that you intented to commit the conspiracy and the larceny, you say, you did not. Of course it is not very helpful if your co=conspirators say, that you did. Let your lawyer handle that.

 

[Norseman]

They are listed as felonies .. nonetheless i am worried but dont know exactly what to do. I dont want to goto jail as I had no intent on actually STEALING the clothes myself i Just knew it was going on on.

 

[NYClex]

you see, in German there is a pretty old saying: "You went with them, you will hang with them!"

This is exactly why I advise you to seek legal counsel soon.

The prosecution must prove intent. Of course you say you had no intent.

But try to be a juror who has never seen any of you.

They will hear from the prosecutor how you were hanging out with the guys, how you were with them in the car, etc etc.

And then the prosecutor will introduce your buddy's statement saying that you were part of the conspiracy. Yes, in conspiracy cases even the good old hearsay rule is different from what we are used to on Ally McBeal and other shows.

You see where I am going? You could be in deep trouble.


On the other hand, it is not that easy to prove intent to commit a crime. There are always ways to try to pick apart a co-conspirator's statement.

This is a lawyer's job. Now go and get one.