Penalty for Being an Accomplice
My question involves criminal law for the state of: NJ
What happens if you are charged as an accomplice?
My friend's dad is sueing us for being an accomplice to his son shoplifting, and the video is suspecting us for "helping" him shoplifting although it might seem suspicious, but in fact I didn't..
I got a lawyer as well, but what determines being an accomplice?
I did not steal, I might look like helping him steal (like holding the watch he was "stealing" for like 2 minutes), and he is now claiming that I paid him to steal... wth?
BTW, he is also claiming that I paid him to steal months ago...
What is the case scenario and possible outcome/consequences?
I have an expunged record of shoplifting from an year ago, but I have not done anything illegal since then..
I should have met a better friend..
Re: Penalty for Being an Accomplice
ADD: He is accusing us for being an accomplice.
He asked US "will u pay me if i steal" but he says " he said he would pay me if i stole stuff."
There are few suspicious things we have to worry about:
1. I handed him some flipflop to him because he told me to bring it. Judge can interprete that from the video as " Hey steal this"
2. wysoy ( above me, writer of the post ) was carrying a pair of flip flop with the shoplifter around the shop and went into some aisle and dropped the pair onto the floor. Its because he didnt wanted to buy them, but the shoplifter shoplifted that too. Again, the judge can see it as " steal this ill drop it here"
3. The shoplifter's dad came up to my parents and said he would sue us for being an accompolice and the "cause" of this event. The day before, the shoplifter asked me if i am willing to chip in for the fine, but i replied " what was the point of paying u for the shoplift then" i did not mean it as the words are read. i meant it as " what was the point of paying you for the shoplifted item that you decided to steal."
4. In another chat, i asked the shoplifter how he would get his money for the fine but he replied " ill volunteer somewhere and steal tips" i have a chat log recorded
5. the shoplifter is pretty well known in my school for stealing stuff. If someone decides to witness it....then is the witness going to help our situation?
Will any of these suspicious go against US?
Please help us
Re: Penalty for Being an Accomplice
Quote:
Quoting wysoy
My question involves criminal law for the state of: NJ
...
My friend's dad is sueing us for being an accomplice to his son shoplifting
"criminal law" and "suing" are contradictory.
Are criminal charges being filed against you?
Being an accomplice generally means intentionally committing an act that you knew or should have known assisted him in the commission of a crime, or the escape thereof.
The following are examples of being an accomplice:
a) He says, "I am going to steal from Target", and you drive him to or from Target.
b) You see him put a watch into his pocket, not pay for anything, and you drive him away from Target.
The following are examples of not being an accomplice:
a) He thinks, "I am going to steal from Target", and you drive him to or from Target.
b) You see him put a watch into his pocket, not pay for anything, and you drive away from Target, leaving him there.
(i.e., you watching him commit a crime, and you not reporting it, and you not helping him escape or do anything supporting his commission or escape from the crime does not make you an accomlice. You are not a "mandated reporter".)
c) He says, "Here, look at this watch I want very badly", hands it to you, you hold it for 2 minutes, hand it back, walk away, do not see him put the watch into his pocket, and you drive him away from Target.
Re: Penalty for Being an Accomplice
First of all:
Who was charged, and with what? For all 3 of you.
Have you gone to court yet?
Ages?
Accomplice:
- Could have helped in the crime. Even someone driving the getaway car, someone "keeping watch" for a shoplifter...Sometimes, just being with the person, it can appear you were an accomplice by keeping watch or creating a diversion.
Thanks :)
Re: Penalty for Being an Accomplice
to PandorasBox:
Thank you so much for your reply ..
First of all , the shoplifter has a court date. Wysoy and I did not get charged for anything.
The problem is, shoplifter's dad is sueing for another case. He is claiming that me and wysoy ASKED the shoplifter to steal for money.
He wants to get all of us into the case which means that not only judge will punish the shoplifter, but also the dad wants US to get punished.
wysoy = 19 ( was caught for shoplifting [expunged. dismissed] )
me = 17 ( was caught for shoplifting [expunged. dismissed] )
shoplifter = 18 years of age (none)
EDIT : we did not go to the court yet. the Dad will sue us ( wysoy and me) any soon...
i really like to know what will be the outcome and the consequences
Re: Penalty for Being an Accomplice
Quote:
Quoting needofhelp01
the Dad will sue us ( wysoy and me) any soon...
"Sue" means to go to court and ask the court to give you money.
So what kind of money or damages does Dad think you owe him?
And why is Dad involved at all?
Re: Penalty for Being an Accomplice
Criminally you're as guilty as he is for assisting in the shoplifting.
Father can threaten to sue, but frankly I don't see what status he has. HE has has no damages even if you did lead his adult son into a life of crime.
He can certainly make a complaint to the police/DA that you guys were also involved in the crime. It's up to the state to decide if there's probable cause that you were involved in a criminal activity and whether they want to prosecute you.
The advice for you is the same as for most criminals:
1. Keep your mouth shut. Do not talk about your behavior to ANYBODY.
2. If the police or DA's office call you and want to talk, see rule #1.
3. If you are arrested or in some situation where you are being questioned, see rule #1 and get a lawyer involved before you say anything.
Re: Penalty for Being an Accomplice
Quote:
Quoting flyingron
Criminally you're as guilty as he is for assisting in the shoplifting.
flyingron: You should not libel needofhelp01, since he did not do anything criminal.
The advice for needofhelp01 is the same as for most innocent people:
1. Say, "I wish to remain silent. Please do not ask me questions. Am I free to go now?"
2. Watch the YouTube video Don't Talk to Police.
Re: Penalty for Being an Accomplice
What are the outcome?
Can we be charged as accomplices ?
We have expunged shoplifting records. If we are guilty, will "assist in shoplifting" crime make our outcome worse? (cuz of the records)
Re: Penalty for Being an Accomplice
Quote:
Quoting needofhelp01
We have expunged shoplifting records. If we are guilty, will "assist in shoplifting" crime make our outcome worse? (cuz of the records)
First, from your description, you are not guilty.
But if you are charged and found guilty, then your expunged shoplifting convictions may be made public.