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.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
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.
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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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.
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 Scheid may be reached at (209)544-5727.