After three years after my nephew was killed in a home invasion..my son is now being charged with conspiracy and accessory before the fact..how can they charge him? What if he is convinced
If convicted he could be looking at at least 30 years to life it prison, unless the State is seeking the death penalty. To be convicted he must be found guilty beyond a reasonable doubt on every element of the crime charged. The best thing you can do for your son is to retain a criminal defense attorney. The attorney knows how to obtain discovery of the evidence that the state has against him; understands evidence; knows criminal procedure; etc.
Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C.
Michael G. Sribnick, M.D., J.D., LLC
As Mr. Sribnick has said, your son is looking at 30 years to life on the accessory before the fact charge because accessory before the fact of Murder carries the same penalty as Murder. It could be a Death Penalty case because it happened during the course of a burglary 1st and armed robbery, They can charge him because they have convinced a magistrate judge that there is sufficient evidence to establish probable cause that he committed this crime. That is not the end of the case, though. In order to convict him, the Government would have to prove it beyond a reasonable doubt or he would have to plead guilty. You need to speak with a lawyer who has handled these kinds of serious cases before to get a handle on what is going on. That lawyer will be able to get the evidence in the case to see why they have charged your son.
This is not legal advice and does not create an attorney-client relationship. It encompasses only the facts given in a particular question. I would, in almost every case, need substantially more information before committing to an attorney-client relationship or giving legal advice. That information would include outside research.
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