Home > Research Legal Advice > Criminal Defense > Recently my son was arrested and charged with pc487(a). He was not the o...
Asked 12 months ago - Camarillo, CA
FlagHe was in the car waiting for his friends & then his friend rushed to the car telling him to go. The car broke down right in front of a cop, they were pulled over & a sales representative ran up and identified my sons friend as the thief. Why was my son arrested & charged when he wasn't identified as the theif?
Participating in a crime in any way, even as a getaway driver, subjects a person to the same penalties as the person who more directly commits the act. Your son may have a good defense, based on the fact that he didn't have the intent to assist in a crime. This will all play out over the course of time as his case is litigated. He needs to hire an attorney, if he can afford one, or else he has the right to court appointed counsel. He will discuss his case with his attorney and proceed from there.
Under the theory of aiding and abetting. Aiding and abetting is aiding, assisting or otherwise encouraging someone to commit a crime. An aider and abetter is treated like a principle in the crime - just like the one who actually did the crime. Also under the theory of conspiracy. All co-conspirators to a crime are treated as principles even if they didn't actually do the dirty work.
Clearly, your son needs a good defense attorney. Good luck.
I agree with what the others have said. The critical issue is what did your son know at the time that he tried to get away. If the DA can prove that you son knew that a 487 was being committed and he assisted with the crime by trying to get away, then he can be found guilty. If there is a reasonable doubt about him knowing that the crime was being committed, then he can be found not guilty. Was he fleeing the area because he thought the friend was escaping danger or had committed a prank? The case is based upon your son's knowledge. Under the law, if there are 2 reasonable interpretations of the evidence - 1 interpretation says your son is guilty and the other says he is not guilty - then the jury is required to adopt the interpretation of the evidence that says he is not guilty. Thus, the case will turn on if there is a reasonable interpretation of the evidence showing that your son did not know that the 487 was being committed and the skill of the attorney to pick a jury that will follow the law.
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