Shoplifting, Larceny, Robbery, Theft Unusual Accomplice

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troyantonious

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New York
I (30 yrs) went with my kid brother (15 yrs) to a shopping mall and into a Nordstrom for about 5 minutes. He brought a sweater he liked over to show me. He then went behind a clothing rack and hid the sweater under his jacket, not in my presence. I didnt know he planned to lift or help him steal. When we left the store I split from him, he wanted to go the car and I carried on to another store. About 30 secs after separating, I had a suspicion so I turned back and started to follow him through the mall. I was trailing behind and noticed a man following him (I assumed undercover). Once they both exited the mall doors to the parking lot, I saw the man approach to nab my brother. Thats when I made the fatal error of running through the doors and yell "Run" to my brother. He didnt run, instead he froze up, handed the sweater to security and began pleading to let him go. Im being charged as an accomplice for telling him to run. I dont steal and dont have a criminal record. Am I really an accomplice or are they stretching?
 
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Lawyer up and STFU

That is your hope
 
army judge said:
Lawyer up and STFU

That is your hope
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I havent spoke or given a statement. This is very recent but I will lawyer up.

My question is whether their claim is valid for me saying the word "run"? How does this qualify as being an accomplice? That's all they have me for.
 
Great video and sound advice. Thanks everyone.
Aside receiving acknowledgement that I acted like a brained pawn in a 15 yr olds game what I would really appreciate is a way to describe this particular action to my family and lawyer. I was protecting him, defending him, didn't want to see him get hurt.
Not that wanted him to get away with the sweater, I just didn't want him to get in trouble.
 
troyantonious said:
I would really appreciate is a way to describe this particular action to my family and lawyer
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You don't tell anything to your family because they can be called to testify against you.

You talk only to your lawyer and you just give him the facts. He'll have to decide how to spin them.

Show your brother the video and warn him to keep his mouth shut, too.
 
I am a Retail theft consultant and answer questions like yours daily. Yes talk to NO ONE other than your Lawyer. They may have a tough time making this stick but your telling "run" suggest you had knowledge of the theft and were therefore an accomplice. Expect this to get expensive. In fact it will cost more than if you sought a plea deal. However I am NOT suggesting you plead guilty to a crime you did not commit. Most Lawyers offer free office visit and that visit you can get estimate on cost and other options you might have.

 
troyantonious said:
Not that wanted him to get away with the sweater, I just didn't want him to get in trouble.
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Words can OFTEN be misunderstood, misheard.

For example, yelling "STOP SON", could be heard by others as "RUN SON", or "HOT SUN", "NONE", "FUN", "STUN", "BUN", "HON", "NONE", "GUN", "BUN", or many other words.

In fact, you MIGHT have yelled, "STOP SON:, or "DON'T RUN", and the security person MISHEARD you or is LYING on you.

That is not your job to prove.

Your lawyer will address what you said, and attempt to discredit what someone allegedly MISHEARD.


Stop talking about this, stop asking questions about this unfortunate event, speak ONLY to your lawyer.

When you appear in court, plead NOT GUILTY, ask the court of you QUALIFY for a public defender, or hire yourself a lawyer, then speak ONLY to your lawyer.

No lawyer is concerned with your guilt, that compromises his/her ability to defend you.
 
army judge said:
Words can OFTEN be misunderstood, misheard.

For example, yelling "STOP SON", could be heard by others as "RUN SON", or "HOT SUN", "NONE", "FUN", "STUN", "BUN", "HON", "NONE", "GUN", "BUN", or many other words.

In fact, you MIGHT have yelled, "STOP SON:, or "DON'T RUN", and the security person MISHEARD you or is LYING on you.

That is not your job to prove.

Your lawyer will address what you said, and attempt to discredit what someone allegedly MISHEARD.


Stop talking about this, stop asking questions about this unfortunate event, speak ONLY to your lawyer.

When you appear in court, plead NOT GUILTY, ask the court of you QUALIFY for a public defender, or hire yourself a lawyer, then speak ONLY to your lawyer.

No lawyer is concerned with your guilt, that compromises his/her ability to defend you.
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Greatly appreciated adjusterjack, shrinkmaster, army judge.

Sound advice. I plan to visit a handful of lawyers for a quick interview and set emotions aside to only discuss the facts and matters at stalk.

When assessing a lawyer, aside from paying attention to their sharpness in their abilities to portray the case in my favor, what else should I question them with or observe for?
 
troyantonious said:
what else should I question them with or observe for?
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I'd consider costs, if the lawyer seems distracted or bored with you, if the lawyer seems uninterested in your case, if the lawyer suggests "this is no big deal, plead guilty, it'll be quicker, and I can get the case sealed", if you DISLIKE the man/woman, use your common sense; main things I'd consider is if he/she attends to you and if you think the fee is fair.

You might also see if prior clients praise the lawyer or denounce her/him.

Client reviews are a good predictor of what he or she will do for you.

Most of all, you want a fighter, a champion that will defend you.
 
troyantonious said:
Am I really an accomplice or are they stretching?
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If the facts are as you stated you'd not be an accomplice as you had no knowledge of the crime at the time it took place. But there are two problems that I see. The first problem is that only you know for sure what knowledge you had. The fact that you told your brother to run would suggest to others that you did know. Why else tell him to run? While you could testify you had no idea he stole the sweater, you might expect a jury to be a bit skeptical of that since you obviously have a motive to say you weren't in on it.

The second problem is that even if you convince the court that you were not guilty as an accomplice you might still end up guilty as an accessory after the fact. An accessory after the fact is a person who was not in on the crime when it occurred but who after the crime aids the offender in attempting to escape getting caught. But yelling run you may be considered to be aiding him in escaping. However, it appears that in NY (as in a lot of jurisdictions) this concept may only apply to felony offenses. So if your brother is charged with just misdemeanor theft (which seems likely), you may be clear of being an accessory after the fact. But keep this concept in mind in the future; if you knowingly aid a felon in escaping apprehension after he or she has committed a felony you could get charged for the crime as an accessory after the fact.

I agree with Army Judge that you need to lawyer up and not talk about this to anyone but your lawyer.
 
troyantonious said:
I (30 yrs) . I was trailing behind and noticed a man following him... Once they both exited the mall doors to the parking lot, I saw the man approach to nab my brother. ...
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To reword:
You saw a strange man following your minor brother. He then started approaching your brother. You had no idea what this stranger's intentions were. You told your brother to run.

As stated above, you need to keep your mouth shut and consult a lawyer. (Also, a former judge, lawyer, and loss prevention specialist have waaaay more knowledge and experience than I do. I was simply making my own observation, not attempting to out-argue any of them.)
 
I feared for my brothers safety. A stranger dressed in casual clothing followed and looked to attack my kid brother. My brother is also on high doses of ADHD medication. He must have forgotten to take his pills that day and didn't realize what he was doing.

There still isnt an admission of guilt or any statement from either of us. We left the scene. It took the police over 2 months to track us down. We need to turn ourselves in next week to receive the charges. We talked with a couple lawyers today and have appointments for tomorrow.
Can a lawyer plea with the investigator before we turn ourselves in?
 
troyantonious said:
I feared for my brothers safety. A stranger dressed in casual clothing followed and looked to attack my kid brother. My brother is also on high doses of ADHD medication. He must have forgotten to take his pills that day and didn't realize what he was doing.

There still isnt an admission of guilt or any statement from either of us. We left the scene. It took the police over 2 months to track us down. We need to turn ourselves in next week to receive the charges. We talked with a couple lawyers today and have appointments for tomorrow.
Can a lawyer plea with the investigator before we turn ourselves in?
Click to expand...


Please stop discussing any aspect of this crime.

Talking only hurts you.

See that lawyer, but for your sake PLEASE don't post anymore.
 
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