Legal Question in Criminal Law in Georgia

Theft by Taking Charge

I am writing for a friend who is in jail for charges of theft by taking. There were 2 guys who got caught joyriding in a company van where my friend worked and they told the police that my friend told them where the van was and that the keys were in it. They went to my friends house and arrested him and put him in jail but he was not in possesion of any stolen property. Can they charge him with this? they are keeping him for violation of probation but he will accept those charges but is this just rif-raf Anyboby could say that someone told them where something was?? Thanks for your advice


Asked on 7/31/04, 1:03 am

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Theft by Taking Charge

Your friend is probably being charged as a party to a crime. That is a violation of probation if it is proved. The standards of proof are different. In the probation violation the proof required is a preponderance of the evidence. In the new criminal charge, the proof required is beyond a reasonable doubt.

This anomaly means in theory your friend might be found in violation of probation, but be acquited for lack of proof beyond a reasonable doubt.

I can't tell from your question if your friend denies the allegations or not. He could really use a lawyer's counsel and representation.

Jim Hough

770-607-5300

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Answered on 7/31/04, 9:31 am


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