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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30352
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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2 years ago my son & a friend were walking to his house when

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2 years ago my son & a friend were walking to his house when my son didn't see him he came back home It ended up that the friend went into someones house & shot not killed him....The friend has been convicted of this & is in prison but he is now trying to say my son was an accomplice what should we do & what can happen Thanks alot

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

As a general rule, a person usually would not be convicted as an accomplice based solely on the testimony of the person who is charged with (or convicted of) the crime. There would have to be some other evidence that your son was involved, such as fingerprints at the scene, his DNA found in the house, or another eyewitness who saw him at that house on the day in question. Otherwise, the DA will have trouble meeting their burden of proving beyond a reasonable doubt that your son was involved.

If the police ask to talk to him, he has no legal obligation to do so. He is free to refuse to answer any or all questions. If he wants to talk to them to try to explain what happened, it is a very good idea to hire a local attorney to go with him. Many people think they can talk to the police themselves, and it winds up getting them into trouble. Police are trained to help convince people to admit to things they don't want to admit. So, it's always better to have a lawyer. But again, he doesn't have to talk to them. If police have not contacted him, there is no reason for him to offer to make a statement.

If police somehow do find some evidence that implicates your son, they might charge him as an accomplice. An accomplice is convicted of the same crime as the principal. If that happens, your son will have a right to have a public defender represent him at no charge if he cannot afford one. The public defender will be able to review the evidence and try to find ways to show that your son was not guilty.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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