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LawyerLady07
LawyerLady07, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  Willing to provide information pertaining to traffic and criminal cases.
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Son was arrested in March for burglary. He was not in the

Customer Question

Son was arrested in March for burglary. He was not in the home...his friend was and police caught him ( friend) in the residence in the process of burlaring it. However, my son had given him the key to the house ( it was my neighbor) so the arrested him also. The key did not work, the friend ended up using tools to break the lock. My son has no previous record, but the friend does for assault and theft. My son admits he did wrong by giving him the key. They were both charged the same charge. Now his lawyer is saying because his friend had a previous record my son will not be able to plead down to a misdemeanor ONLY because of the friends previous record. He says the prosecutor says if they let my son plead down, they will have to let the friend also. The friend in the meantime has been charged with another theft charge. My son has a court appointed lawyer.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  LawyerLady07 replied 11 months ago.
Good evening!

I'm so sorry to hear about your grandson's legal predicament. I want to be sure that I answer your question fully, but I'm a little confused about your specific question. Are you wondering if your grandson has other options or if he should seek a second opinion?
Customer: replied 11 months ago.
What is like to know is if this is a common practice, that he would be affected by his friends previous record. This is what his lawyer is saying. Should we seek another opinion, does he have other options? He does not want a felony conviction.
Expert:  LawyerLady07 replied 11 months ago.
Thank you for the clarification.

Of course, I don't know all the specifics in dealing with your son's case and/or the prosecutor involved in that case. That being said, I have never heard of a defendant being held accountable because of another person's record.

Again, I obviously wasn't present at this conversation between your son's lawyer and the prosecuting attorney. However, it is not uncommon for prosecutors to offer different plea agreement to two people involved in the same event if there is a big disparity in their record information. Your son's lawyer may be telling him exactly what the prosecutor said, but it sounds unusual to me.

If you or your son have the financial means to meet with another lawyer for a consultation (sometimes, they are free for an initial consult), I would recommend doing so. A local lawyer will possibly know this prosecutor's reputation and can tell you if this is common practice for that particular prosecutor. Also, just for the few facts you've given me, it doesn't sound like the prosecution would have a very strong case against your son. (That, of course, depends on many factors, but as an accomplice, there is less evidence from the start to convict). If the prosecution's case is weak, that is even more incentive for him/her to try to strike a deal.
Expert:  LawyerLady07 replied 11 months ago.
Good afternoon!

I noticed that it has been several days since you last viewed this answer. Were you able to find out any more information about the situation? Do you have additional questions you would like answered?

**Please don't forget to rate the answer you received! You won't be charged any additional fee for doing so. Thanks!

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