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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118635
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My son s friend stole a vehicle, my son was found walking with

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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.

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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 other Criminal Law Specialists are ready to help you