Burglary and Conspiracy Charges in the State of California

My question involves criminal law for the state of: California

Basically my friend (I'll call him "B") got caught outside the store. "B" was walking back from the mall and the security mall cop stopped him and told "B" to lead him to his car. My other friend (I'll call him "D") and I also was in the car and the car had ~$1800 of stolen merchandise ( 7-9 pair of jeans or so). Basically "D" and I said we had no idea that they were stolen and we were simply in the car because we planned to go to a place nearby because we had no driver's license. "B" said he did it all.

The only evidence they have is that we were in the car. But I myself entered both stores that supposedly had stolen merchandise. But there should be a surveillance tape of me going in and leaving with the same amount of jeans (also a chance that the property might not hand this tape over). I myself did not steal anything from both stores but they do have me exiting and entering the stores in the footage. "D" went into one of the stores but did not go into the second store and did not steal anything also. But they do have a footage of him of entering one store as opposed to two like myself.

Anyways what happened was all three of us went to the holding cell and later to jail. We stayed in jail for six hours and we were bailed out. Bail was $5,000 for all of us and all of us were charged with burglary and conspiracy.

"B" "D" and I are all 18-19 yrs old and never have committed a previous offense or crime. This is our first time being arrested or being cited or anything basically. We are also full-time students.

What should we expect for "B", "D", and myself? And should we all get lawyers or stick with public attorneys?

TY for your time.

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Quoting Zerx

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Basically "D" and I said we had no idea that they were stolen and we were simply in the car because we planned to go to a place nearby because we had no driver's license. "B" said he did it all.

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Call me skeptical ... but, okay.

Are you claiming that you had no idea the items were stolen and had not at all been part of a plan to assist in stealing things?

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The only evidence they have is that we were in the car. But I myself entered both stores that supposedly had stolen merchandise. But there should be a surveillance tape of me going in and leaving with the same amount of jeans (also a chance that the property might not hand this tape over). I myself did not steal anything from both stores but they do have me exiting and entering the stores in the footage. "D" went into one of the stores but did not go into the second store and did not steal anything also. But they do have a footage of him of entering one store as opposed to two like myself.

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Are they going to be able to make a case that you facilitated the theft? Perhaps by identifying items to be stolen, or stashing the items in a dressing room or some other place so that they could be picked up? Perhaps one of your partners dimed off the deal?

Your attorney will be able to get a copy of the police report and any evidence they have. He can then help you prepare a defense or work out a deal.

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Anyways what happened was all three of us went to the holding cell and later to jail. We stayed in jail for six hours and we were bailed out. Bail was $5,000 for all of us and all of us were charged with burglary and conspiracy.

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That means they believe they have proof that one of you not only entered a store with the intent to steal, but also that each of you took some action to facilitate or aid in the thefts. I doubt they did that offhandedly and without consideration.

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What should we expect for "B", "D", and myself? And should we all get lawyers or stick with public attorneys?

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If you cannot afford an attorney one will be appointed for you. If you can afford your own attorney, chances are they will not give you the option of a public defender.

Thank you for answering my question.

Can they actually say I facilitated the theft? Because I entered the store after "B" went in both times. "D" did not enter one of the stores but did enter once before "B". What I would be saying in court is, that I was in the stores just looking at stuff before we were heading to the Casino because I was told it would be a few hours (sounds pretty dumb I know but it's true...).

I'm not sure how exactly the theft was done but they have no evidence via cameras that I myself went into dressing rooms with different amount of pants than I came out, also I came in the store after "B". In fact the same store cameras should have caught me going in with the same amount of pants in the dressing room and coming out with the exactly same amount of pants. But "B" was caught on camera apparently of going in the dressing room with a certain amount of pants and coming out with a different amount of pants.

Their argument is pretty much is that because I was in the car, I would have known. I said to them by the cops came out I pretty much pieced together what happened (since we all got arrested and they confiscated the pants), but I had no prior knowledge and I thought we were stopping by the shopping mall before going to the casino (again this is true) . So I was wondering if the burden of proof lies with the prosecution?

Sorry again for taking up so much of your time but I've never had trouble with the law before so I'm feeling anxious.

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Quoting Zerx

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Thank you for answering my question.

Can they actually say I facilitated the theft? Because I entered the store after "B" went in both times. "D" did not enter one of the stores but did enter once before "B". What I would be saying in court is, that I was in the stores just looking at stuff before we were heading to the Casino because I was told it would be a few hours (sounds pretty dumb I know but it's true...).

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Until you know what they know or think they know, anything else is conjecture. I can come up with all manner of hypotheticals that could make the case against you, and more that would tend to lean towards a viable defense. You will have to wait until you have an attorney and he or she can get a copy of the report to know just what they are basing this theory on.

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I'm not sure how exactly the theft was done but they have no evidence via cameras that I myself went into dressing rooms with different amount of pants than I came out, also I came in the store after "B". In fact the same store cameras should have caught me going in with the same amount of pants in the dressing room and coming out with the exactly same amount of pants. But "B" was caught on camera apparently of going in the dressing room with a certain amount of pants and coming out with a different amount of pants.

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That might be enough to intimate that you were all involved in the thefts and that you either scouted it out or acted as a lookout - maybe getaway driver. Like I said, until you can get the report it is all conjecture.

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So I was wondering if the burden of proof lies with the prosecution?

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Of course it does.

If you have not already done so, you need to consult legal counsel. If you cannot afford an attorney one should be appointed for you at or about the time of your arraignment (that's the first court date you have coming up).

OK. Thanks for all your help.