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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27492
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My husband has been charged with Organized Criminal Activity.

Customer Question

My husband has been charged with Organized Criminal Activity. He helped a friend by driving a truck to pick up scrap metal and drop it at the scrap yard. He helped three times but did it as a favor because this friend, who worked at the company, told him he had permission to scrap the metal. My husband did not receive any money and was arrested along with three other people for the connection. They have proof that 80,000 dollars was the amount, but my husband did not get any money. He is in jail and my question is would he be held accountable to the same degree as the others who had more involvement and knowledge?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.

My name is XXXXX XXXXX I am an experienced criminal lawyer.

Just because all the people involved in the criminal enterprise can be charged with the same crime, doesn't mean they are equal participants, and DAs know this. I have seen cases where charges are reduced or even dismissed altogether as to one person but not as to the others, or where the plea offer is very favorable to some of the participants but not to others.

Your husband should have a public defender if you can't afford an attorney. So he will be represented by counsel and if he's a minimal player here and/or didn't even know he was engaged in illegalities, his lawyer use that to negotiate a more favorable outcome (or to build a trial defense if the case has to be fought).