Can a person be charged with a crime if they were at the scene of the crime but did not know it was gonna happen

Asked almost 2 years ago - Tracy, CA

Two witnesses stated that my friends son was not the person who committed the crime and that he screamed when it happened the witnesses stated to the court who was the suspect but the DA still wants to commit my friends son based on the fact that his vehicle made a Hollywood stop at the light

Attorney answers (6)

  1. Stephanie Michelle Arrache

    Contributor Level 12

    9

    Lawyers agree

    1

    Answered . A person can be charged with any crime that the DA feels he or she can prove. Now, whether he is convicted is another story. If your friend's son has a strong defense, and it sounds like he does, then he has a great shot at winning in trial. However, your friend needs to get him an attorney as soon as possible. This kind of case needs a private attorney's attention. Good luck!

    The above stated is advice only, and does not establish an attorney-client relationship.
  2. Robert Laurens Driessen

    Contributor Level 20

    7

    Lawyers agree

    Answered . Well it sounds like he needs an attorney and that attorney will present the facts to the DA and if necessary take the case to trial.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  3. Michael Charles Doland

    Contributor Level 20

    7

    Lawyers agree

    Answered . Being charged and being convicted are two completely different things. Your friend's son needs an attorney.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  4. Tai Christopher Bogan

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . Is this person from Manteca, Tracy area? If so, then the DA will still file charges against the person most likely. There is a jury instruction that reads, simply being present is not enough to be found guilty under the aider and abetter theory. However, the slightest assisting or encouraging can get the person convicted. It is VERY VERY important to hire an attorney.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  5. Joshua Sachs

    Contributor Level 19

    6

    Lawyers agree

    Answered . Charged? Yes.

    Convicted? Maybe, maybe not.

    He needs a lawyer representing him. Internet postings won't help and might actually do him a lot of harm.

  6. Michael Dean Scheid

    Contributor Level 7

    4

    Lawyers agree

    Answered . Yes your friend's son can be charged with the crime for being at the scene of the offense.

    However, the DA must prove in a court of law that he was aiding and abetting the actual offense. If they are not able to prove this in court, with admissible evidence, then the case should be dismissed before trial, or your friend's son should be found "not guilty" by a jury after trial.

    This answer is not intended to give specific legal advice or to create an attorney-client relationship. Michael... more

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