Legal Question in Criminal Law in Texas
If the law states that in the state of texas, you are present at the scene of a crime, even though you didn't actually commit the crime, you are just as guilty as the person committing the crime, then how is it possible that out of 4 people only one person got arrested and charged, and didn't do anything but sit in a car, the driver and the two male passengers that actually commited the offense went in-punished.
1 Answer from Attorneys
The law in the State of Texas covers those that do the crime and those that are accomplices or parties to the crime. For example if we agree to go rob a bank and you are going to be the getaway driver & I am going in with the gun and taking money from the teller, we are both guilty under the law of the bank robbery. You are guilty because you "aided and assisted" me in the commission of the offense with knowledge of what I was going to do. If I had only asked you to drive me to the bank and wait on me while I cash a check and I rob the place instead and you drive me away without knowing what I was going to do or did, you are guilty of no crime at all. Texas law says that you must actually do something to assist in the crime with the intent that a crime occur. Texas law says that "mere presence alone" is insufficient to make a person a party or accomplice. I can't tell enough from the facts you recite to know why some were charged and others weren't and of course some times the police get the wrong folks. If in this predicament, you should see a Board Certified Criminal Law Specialist to review you case and assist you.
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