How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111666
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My son s friend stole a vehicle, my son was found walking with

This answer was rated:

My son s friend stole a vehicle, my son was found walking with the defendent who had items from the stolen vehicle in his pocket. my son was only found to have muddy clothes. He was also charged with larceny. going to superior court tomorrow with public defender. who advised him to plead guilty to larceny and take probation because he would have a hard time proving he did not do the crime. He said if he went with jury trial option he would most likely be found guilty and look at 2 yrs in jail. Also he said additonnal plea might not be guaranteed. He has no felonies only beer and midemenor pot charges from teenage yrs. The lawyer said the other party who had the stolen goods in pocket could point finger at my son. he was told to go home and think how he wants to plead.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Many times public defenders seek the easy way out by advising to take a plea. If he has not done anything and there is no evidence proving that he stole the vehicle beyond a reasonable doubt your son should not take a plea but should go to trial as the prosecutor has to prove beyond a reasonable doubt by actual evidence that your son stole the car. Your son needs to sit with his attorney and actually review the evidence that the prosecutor has to properly evaluate whether or not he should take the plea. If the evidence is strong against him, then he would need to listen to his attorney.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Law Educator, Esq. and 4 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

my son asks about circumstantial evidence. the id of the other person was found near the stolen vehicle in mud. the other person had stolen goods and keys in pocket. my son was only found walking with this person in muddy clothes

Thank you for your response.

If he had mud on his clothes they could at least seek to put him in the mud near the car which is why they charged him, but that does not necessarily mean he stole the car or was with the person who stole the car when it was taken. Circumstantial evidence can be used to convict unless your son comes up with some evidence to raise reasonable doubt as to him being with the person when he car was stolen.
Law Educator, Esq. and 4 other Criminal Law Specialists are ready to help you