Legal Question in Criminal Law in Illinois

my boyfriend is accused of burglary

My boyfriend and his two friends were driving one night and one friend asked to be taken to a dumpster where he could find food.The other friend, the driver, drove him and my boyfriend there.The one friend proceeded to take food from the dumptster and all three of the men knew that the one man was intending to take food from the dumpster.On a spur of the moment decision, with the driver and my boyfriend in the car the entire time, the one friend saw a truck that was open and took a few boxes of food from this truck.Neither the driver nor my boyfriend could see the one man at this point and did not know that he had taken anything from a truck until the police had arrested them.The one man plead guilty to attempted burglary and was sentenced with court supervision.My boyfriend and the driver both plead not guilty to burglary on a motorized vehicle.The one friend has signed and affidavit saying that neither my boyfriend nor the driver knew that he intended to take anything from the truck.Can my boyfriend be charged and/or convicted of burglary to a motorized vehicle or burglary?


Asked on 10/03/02, 10:59 pm

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: my boyfriend is accused of burglary

Yes, it seems obvious to me that the person you are referring to can be charged. Also, just as obviously, anyone that has been charged can be convicted. This person needs to hire a criminal defense attorney as soon as possible if he does not already have one to make every effort to be sure that he is not unfairly convicted. If I may be of any assistance, you may call me for a free telephone consultation at 314-727-2822.

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Answered on 10/04/02, 9:39 am
David Shestokas Shestokas, & Associates

Re: my boyfriend is accused of burglary

There is a theory under which he can be charged that is called "accountability". This means that someone that assists another person in the commission of a crime is as guilty as if he had done it himself. Your boyfriend certainly can be charged under that theory. Under the facts you have given such a charge appears unwarranted, however, the friend who has given the affidavit will no doubt need to testify live in court. Your boyfriend needs a criminal defense attorney. If he wishes further consultation I can be reached at 630-243-0099.

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Answered on 10/04/02, 6:10 pm


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