Home Invasion Charges

i live in michigan and am being charged with home invasion. this is what happened me and my friend were going home from a party and he was drunk so i was driving and he passed a house with the garage door opened so he decided to get out and look for something to take such as alcohol or gas. while he went towards the garage i drove his car around the block and i told him id come back in 30seconds. after i turned around i drove by the house to see my friend confronted by a man with a flash light so i decided to drive back to the party where i intened my friend to meet up with us. about 10 minutes later he ran back to the house and told me what happened. he tried stealing a can of gas and when he saw someone he dropped it and ran. we then decided to head for home now and we got about 2 minutes away from my house we were pulled over. the cop asked me questions then told me and my friend we were under arrest for home invasion. after being sent to jail the crime was B&E with intent. we sat in jail for 60 hours before being relesed for furthur investigation. MY QUESTION IS since i didnt step foot on this person property and did not break or enter or home invade can i legally get charged with B&E? THANKS

Because you aided his criminal action by dropping him off, knowing that his intent was to commit burglary (which is what it is when you walk into someone's garage to take something) - not to mention that the original plan was to come back and pick him up. In other words, you were driving the "getaway car". In some places, this might be called "conspiracy to commit". If he had shot the homeowner, you'd be facing attempted murder charges too, even if you never got out of the car. Next time, just take the guy home.

Quote:

---

Quoting aardvarc

---

If he had shot the homeowner, you'd be facing attempted murder charges too, even if you never got out of the car.

---

You would also have seen a lot of other fun charges such as "Conspiracy to Commit Murder"; use of a Firearm in a Crime; Accessory to Armed Robbery. All that for sitting in a car assisting someone committing a crime.

...and it's asshat friends like your buddy that require people to put locks on doors and force them to remember to close their garage door.

so when i take it to court with a lawyer what are the chances it will be dropped to something differant and if so what can it be dropped to? THANKS

It depends on what you told the officers and what your dumb-ass drunk friend told the officers.

If you had an attorney and they told you to shut up, then you might have not have told the officers enough to incriminate you.

As far as you knew you were dropping off your friend where they wanted to be dropped off. You knew nothing of a crime that was to be committed and thought the guy with the flashlight was his father or friend and he was home safe.
Note - You are lucky that they aren't hitting you with a Felony conspiracy to commit charge.

...but at least you didn't lie to the officer, which generally carries a misdemeanor obstruction charge, but can carry more serious charges such as Felony for interfering with an investigation.

Since you and your friend talked like little schoolgirls, then there is not a likelihood that they will drop charges against you even if you were to testify against your friend.

Chances are if the B&E is not a Felony you can get a lesser charge. If it's a first offense your attorney may be able to get a diversion program for you or probation.

Welcome to my world, fellow criminal (I had a DUI)

UBF

Quote:

---

so when i take it to court with a lawyer what are the chances it will be dropped to something differant and if so what can it be dropped to? THANKS

---

Either way, once you and your friend are convicted (being felony or misdemeanor) I hope the home owner files a civil law suit against you both. Having someone come into your home is terrifying to the person inside the home. Neither of you had any idea who was in the house. It could have been an elderly person or a high school kid babysitting other small children.

Porkchop, I suggest you read up on the law of parties. This is what you're being charged under. Basically, if you aid, abet, assist, direct, or encourage a crime in any way you're just as guilty as the one who actually commit it.

I recall a case where a man was charged with bank robbery just because he held the door open for the man who actually committed the offense.

I'd like to know why he thinks he should not be charged. First he said

Quote:

---

me and my friend were going home from a party and he was drunk so i was driving and he passed a house with the garage door opened so he decided to get out and look for something to take such as alcohol or gas.

---

So you were being the kind nice responsible friend by driving him home. "He" passed a house? Thought you were driving. Okay you were still driving...but you stopped the car to let this friend out after he told you what he planned on doing which was stealing something from someone.
The story gets better

Quote:

---

after i turned around i drove by the house to see my friend confronted by a man with a flash light so i decided to drive back to the party

---

The same person so concerned about his drunk friend, has now left him to fin for himself. Then decides not to go home but to go back to the party.

Quote:

---

where i intened my friend to meet up with us.

---

Wait a minute....thought you were going home? How could you go home then have this same drunk friend "intend" to meet up with you back at the party?
Do you see why you were arrested now? Do you see why what happens to you will depend on what you and him told the police? It was a funny prank to you until YOU got arrested.

Prehaps he can argue gas prices are so high he had to steal it. Scary thing is, a jury might actually take his side..

Quote:

---

Quoting gigirle

---

I'd like to know why he thinks he should not be charged. First he said
So you were being the kind nice responsible friend by driving him home. "He" passed a house? Thought you were driving. Okay you were still driving...but you stopped the car to let this friend out after he told you what he planned on doing which was stealing something from someone.
The story gets better The same person so concerned about his drunk friend, has now left him to fin for himself. Then decides not to go home but to go back to the party.

Wait a minute....thought you were going home? How could you go home then have this same drunk friend "intend" to meet up with you back at the party?
Do you see why you were arrested now? Do you see why what happens to you will depend on what you and him told the police? It was a funny prank to you until YOU got arrested.

---

well it wasnt a prank and if i left my friend to fin for himself it would have been a 30 mile walk home compared to a 1/2 mile walk where the party was just makes sense doesnt it?