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David Coleman
David Coleman, Lawyer
Category: Criminal Law
Satisfied Customers: 1105
Experience:  BEc(SocSci). LLB (Usyd) - 5 years of Work Experience
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My son was a passenger in a stolen car. He thought

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My son was a passenger in a stolen car. He thought the driver had permission to drive the car. All parties involved are juveniles.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  David Coleman replied 8 years ago.
Dear Madam,

Have any specific charges been laid?
What state are you located in?
What type of information would you like?

Customer: replied 8 years ago.
No specific charges have been file as of yet. We are in colorado. Is it possible to file charges against a passenger in a stolen car who didn't know it was stolen? He thought the other boy had lent the driver the car.
Expert:  David Coleman replied 8 years ago.

Dear Madam,

If someone genuinely has absolutely no idea that the car they are in has been stolen, then yes, nothing has been doen which is wrong. However, there are two types of criminal liability which can apply where a person is not the ain perpetrator of a crime, but they are involved.

The first is the role of an accomplice

To prove that a defendant is an accomplice, the government must prove that the he or she intentionally aided in the commission of a crime. This means that the defendant must realize that the principal is going to commit a crime and that the accomplice intends to help the crime succeed.

Accessory After the Fact

An accessory after the fact is someone who, knowing that a felon has finished committing a crime (usually the crime has to be a felony), helps the felon avoid arrest or trial. In most states, accessories after the fact face far less punishment than accomplices.
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