Legal Question in Criminal Law in Michigan

I happened to be present when two friends of mine stole a system out of car that was off of a two track. One of them being my boyfriend obivioisly I didn't contact law enforcement. I did not partake in the events I was in the car the entire time. Now they are trying to charge me with a felony- larceny of a motor veichle. Am I completely screwed?


Asked on 1/24/10, 10:33 pm

4 Answers from Attorneys

Daniel Hajji Daniel Hajji & Associates

No you're not. You lack the mens rae (intent) of the crime.

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Answered on 1/30/10, 1:18 am

There may be possible defenses available to you. It is not possible to accurately determine your position without much more information. I recommend you hire an experienced, aggressive attorney to help you with your case. You should certainly read more about this at:

www.AggressiveCriminalDefense.com

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Answered on 1/30/10, 5:23 am
William Morrison Action Defense Center

The law assumed (with good reason) that you were acting as a lookout to warn your BF if they were about to be discovered during the larceny. You're charged with the same crime as he because aiding and abetting caries the same penalty as the crime. What did you think they were up to before you all got to the crime scene? Just curious.

You and your boyfriend (if you've still got one) should NOT get the same lawyer.

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Answered on 1/30/10, 8:11 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

"Mere presence" at the scene of a crime, or "mere knowledge" that people you are with are committing a crime is not enough under the law to have you convicted of that crime. But, you can be convicted of the primary crime as an "aider or abettor" IF you knowingly and intentionally assisted or encouraged others to commit the primary crime. As one attorney mentioned, if prosecutors can prove beyond a reasonable doubt that you assisted the guys by acting as a "lookout", that can be enough for you to be convicted. But, they have to prove that you were acting as a lookout - that you intended to help them. Proof that you sat in the get-away car is not enough.

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Answered on 2/01/10, 6:12 am


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