Legal Question in Criminal Law in Ohio

theft

First of all I have been charged with theft and receiving stolen property.I had no knowledge that the person I was with was planning to steal from the store we were at. It was 4:30 in the morning i had been drinking and was some what ''out of it''. I was very intimidated by this person i was with and the situation itself so i plain out stood with this person while he had stuffed a book bag with some electronics and I said nothing to no one.I was unable to leave because i did not drive.They also have me on camera standing next to him.I never touched any of the merchindise at any point and did not walk out the door with it.i was unable to leave the store because i did not drive. When I asked them why i was being arrested they told me that it was because they have me on camera and that i didnt try and stop him when we walked out. I am pretty sure the actual theif in this case is willing to testify that i had no intent to steal,hopefully.Is this as serious as i think it is? Am I really just as much the theif as the other person? An other thing is being that I have no other prior convictions do you think i will still go to jail over this? I am very scared and if there are any helpful suggestions i would appreciate it.


Asked on 9/19/04, 11:58 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: theft

BOth theft and receiving stolen property require proof that you intended to commit a criminal act. If you had no idea that a theft was going on then you may have a legal defense to these charges. If you knew that a theft was going on and did nothing to aid it or to stop it, that is a much more difficult question. The prosecutor and police will likely say that you were a "look out" and, even though you never touched the stolen items, if the jury believed that you were part of the scheme to steal these items then you may be found guilty of the charges.

If the actual thief comes in and testifies that you did not know that he was stealing and had nothing to do with it that will be a big help, but it is still no guarantee that you will be found not guilty of these charges.

Felony charges are always a serious matter, and you are right to be concerned. You need an attorney to help you with this case. If you cannot afford one, ask the Court to appoint one for you.

Whether or not a conviction will result in a jail sentence is impossible to tell without knowing a lot more of the facts than you can reasonably expect to handle in a general email inquiry. Don't mess around with this: get a lawyer.

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Answered on 9/20/04, 11:40 am


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