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dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience:  J.D. degree, 15 years practice
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My brother brok into a store an opened the safe. I drove but

Resolved Question:

My brother brok into a store an opened the safe. I drove but did not go in. The detective said even though I stayed in my vehicle that I will be charged with the same offensives. How much time will I be looking at for felony safecracking an felony breaking and entering.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  dkennedy replied 5 years ago.

dkennedy :

Hello,

dkennedy :

I would like to help you with this. I have a few questions. Did you know that your brother was going to commit a crime? Did you admit everything to the police?

Customer:

No I didn't know he was. I did not admit anything to the police. They want me to come sign a statement.

Customer:

My brother is locked up in a different state for doing the same thing right now that's how they linked him to this one

dkennedy :

Hopefully, you didn't talk to them at all, but you said the detective told you what they were going to charge you with, so I assumed you spoke to them.

dkennedy :

First of all--don't give any statement at all. Don't even say hello to them! If they come to get you, don't say anything except "I want an attorney right now."

dkennedy :

If you did not know what your brother was doing, you cannot be charged with the same crime, or any crime really.

dkennedy :

Let me do some review of the NC laws and get back to you.

Customer:

What happened was I was parked at a apartment complex about a year ago one night and my brother got out. I assumed he was getting drugs because he was a addict. Anyway a cop pulled up on me and asked why I was the so I told them I was taking a nap since I was out of my home state. Well the cop left and my brother came back to the vehicle and we left. Next morning I have cops at my door since they took my info that night

Customer:

my brother was locked up about 4 months ago at the same kind of store caught in the act with another guy and they linked him to this one now. I have never been arrested an have no record.

dkennedy :

The trouble with a situation like yours is that it is hard to prove what you did not know. And supposedly the prosecution has to prove their case, but in reality, you would have to show that you did not know anything about your brother breaking in.

dkennedy :

North Carolina does sentencing on a "case by case" basis, but you can figure on 4 to 25 years on the breaking and entering and something similar on the safe cracking. That is the worst case scenario of course.

dkennedy :

Don't discuss your situation with anyone--anyone--until you talk to a lawyer. You do not have to go to the police station just because they ask you.

dkennedy :

Good luck to you!

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