My son has been accused of stealing several thousand dollars from a "friends" home. He says he did not do it. How can someone prove they had that money? How do the police know the money was actually there?
I assume your son is a juvenile (under 18) and will be prosecuted in juvenile court in your state. I do not practice in OH, but in my state, KY, you need to hire a competent criminal defense attorney to assist you. The police/prosecuting witness/"victim" must provide proof that a crime was committed and that your son did it. The prosecutor will examine the facts, where the money came from, where it was in the house, who knew it was there, for how long, how many people had access to it, etc. It sounds like a "he said vs. they said" factually dispute. Get counsel to assist you.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
The State has to prove he stole the money beyond a reasonable doubt. As in all cases, they will have to have significant evidence to convince 12 people and or a Judge he took the money. Evidence can be either direct (testimony, exhibits, admissions etc.) or circumstantial. (ex. your son bought a brand new car the day after the $ went "missing") As in all matters, the alleged victims can testify but of course their bias, prejudice, motive, and or truthfulness or lack thereof, is subject to cross-examination.
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