Accessory to Petty Theft or Shoplifting

My question involves criminal law for the state of: California

A friend of mine and I were coming back from a party together a couple nights ago. He asked me to stop so that he could make a beer run at the local gas station. I got out of my car and went to talk to some other friends of ours parked next to us. Not a minute later, I see my friend running to my car with a case of beer in his hands. He gets in the car and yells for me to get back in the car because he just stole the beer. I get back in the car and drive off because, honestly, I didn't know what else to do. I caught a glimpse of the clerk writing down my license plate number.

I have never been in trouble with the law in my life. I am a college student, and I am about as clean as you can get. My friend was being drunk and stupid and he did something idiotic.

Am I liable? And if so, what kind of punishment am I looking at?

It was just one case of beer, and I wasn't even the one who took it. Am I going to get my record tainted because of this idiot?

For reference, I am not 21, but my "friend" is. I am, however, considered an adult.

Thanks in Advance.

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Quoting 80_proof

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Not a minute later, I see my friend running to my car with a case of beer in his hands. He gets in the car and yells for me to get back in the car because he just stole the beer. I get back in the car and drive off because, honestly, I didn't know what else to do. I caught a glimpse of the clerk writing down my license plate number.

I have never been in trouble with the law in my life. I am a college student, and I am about as clean as you can get. My friend was being drunk and stupid and he did something idiotic. Am I liable?

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Absolutely! He told you what he did (so you knew), told you to "DRIVE" and you did. You had the option of saying No! If the police haven't visited you yet, be assurred they will be showing up in the near future.

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It was just one case of beer, and I wasn't even the one who took it. Am I going to get my record tainted because of this idiot?

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Case of beer or a 20 oz. bottle of pop (soda), doesn't matter. And yes, you could definitely have a record because of this.

At the very least, consult with a criminal defense attorney and view your options. If you cannot afford one, plead Not Guilty (if/when you're charged) at your arraignment and request a public defender be appointed to you (yes, public defenders are attorneys).

You may qualify for a deferral program; pay a fine, court costs, probation and community service, alcohol awareness classes, etc. and have this erased if you complete the program successfully.

Look at it this way... you just drove the getaway car.

Thanks for the help.

Is it likely that if I get charged, the charge will be dropped to an infraction?

And which is better: receiving an infraction, or receiving the misdemeanor and taking all the necessary steps to have it dropped from my record?

When I say which is better, I mean which would be more beneficial (or, in this case, less detrimental) for me professionally in the long run?

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Quoting 80_proof

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I have never been in trouble with the law in my life. I am a college student, and I am about as clean as you can get. My friend was being drunk and stupid and he did something idiotic.

Am I liable? And if so, what kind of punishment am I looking at?

It was just one case of beer, and I wasn't even the one who took it. Am I going to get my record tainted because of this idiot?

For reference, I am not 21, but my "friend" is. I am, however, considered an adult.

Thanks in Advance.

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Seriously can someone really be this stupid? Just because it was your car it doesn't mean you were driving it. You loaned the car to a friend and do not have to say who it was. Any camera footage they show inside the shop will not have your face on it.

So tell me where is the problem? They cannot prove you did it, they cannot prove you were the driver and they cannot force you to say who did it. Just keep quiet about the thing and it will go away. I'm not saying what you did was right but most of the people get themselves in trouble cause they freely give information away.

Remember you know nothing, saw nothing and did nothing and you will have nothing happen to you or your friend.

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Quoting HPB

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Seriously can someone really be this stupid? Just because it was your car it doesn't mean you were driving it. You loaned the car to a friend and do not have to say who it was. Any camera footage they show inside the shop will not have your face on it.

So tell me where is the problem? They cannot prove you did it, they cannot prove you were the driver and they cannot force you to say who did it. Just keep quiet about the thing and it will go away. I'm not saying what you did was right but most of the people get themselves in trouble cause they freely give information away.

Remember you know nothing, saw nothing and did nothing and you will have nothing happen to you or your friend.

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Isn't there such a thing as withholding evidence?

If I don't tell them who I lent my car to, can't they charge me with something?

You are protected by the fifth amendment here, you are protected against self incrimination. Its not your fault you cant recall who you lent the car to that night or the date in question. How are they going to prove you know who it was? You arent a car rental agency and don't keep books on who you rent the car to and what date you lent it to them. Cops can only act when they have enough information, control the flow of information and you control the outcome.

80, I highly doubt HBP is an atty. Your very best bet is to get the advice of competent counsel. Many attys offer a free counsultation. I suggest you take advantage of that, rather than following questionable advice.

Good luck.

(oh, and drop the "friend", or you'll find yourself compromised in other ways you don't expect...)

I'll have to second mmmagique here. Although you could pretend you know nothing of the incident you'll still have to explain why your license plate number showed up at the scene. Any friend that you "lent" the car to will surely be questioned not to mention he/she'll be pissed off at you.

Also, who is to say that the store didn't have cameras outside as most of them do these days. If they did and they have you on camera, outside jumping into the car and driving off, the the whole "I lent my car to a friend" story is out of the window and your credibility is shot.

No judge is going to have any mercy on you if he/she finds out that you have lied to them.

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Quoting Neal1421

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Also, who is to say that the store didn't have cameras outside as most of them do these days. If they did and they have you on camera, outside jumping into the car and driving off, the the whole "I lent my car to a friend" story is out of the window and your credibility is shot.

No judge is going to have any mercy on you if he/she finds out that you have lied to them.

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This was exactly my train of thought when I read that post.

I didn't think his idea was very smart from the beginning. It seemed like it would've potentially done more harm than good.

At any rate, it's been the better half of a week already and I haven't heard anything. If a police report was filed, wouldn't I have heard something by now?

Thank you all for your input. It is greatly appreciated.

LOL my "idea" wasn't very smart? Must be why I have no record and dont have theieves for friends...cant say the same about you though.

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Quoting HPB

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LOL my "idea" wasn't very smart? Must be why I have no record and dont have theieves for friends...cant say the same about you though.

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I'm sorry, are you a lawyer?

I'm going to take a wild guess that you aren't a lawyer. Do you know how I can tell? Lawyers can actually spell and use proper grammar.

Well, the good ones can.

So until you get your JD, be quiet.

I was asking for help from people knowledgeable on the subject, not from some armchair critic who can't spell thief.

Seriously, don't you have something better to do with your time?

Idiot.

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Quoting 80_proof

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I'm sorry, are you a lawyer?

I'm going to take a wild guess that you aren't a lawyer. Do you know how I can tell? Lawyers can actually spell and use proper grammar.

Well, the good ones can.

So until you get your JD, be quiet.

I was asking for help from people knowledgeable on the subject, not from some armchair critic who can't spell thief.

Seriously, don't you have something better to do with your time?

Idiot.

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If you want the services of a lawyer, I recommend you hire one.

While there are lawyers here, most of us are volunteers with experience and the ability to navigate the statutes.

If you are only going to accept the responses from attorneys, you are going to wonder why your post hasn't gotten any responses....

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Quoting 80_proof

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I'm sorry, are you a lawyer?


Seriously, don't you have something better to do with your time?

Idiot.

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LOL, again you call me the idiot..I'm not the criminal here. And wow you are bashing someone for misspelling wow so original, never seen that done before, nope never. Yea I do have better things to do with my time, unlike you and loser thief friends (happy, idiot, i spelled it right just for you).

Oh and yea I'm not an ambulance chaser, however I know for more than you to keep myself out of trouble..sad and pathetic you are.

I wouldn't put too much stock in the fact that you haven't heard anything for half a week. Although illegal your case is hardly at the top of the pile.

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Quoting HPB

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LOL, again you call me the idiot..

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I only called you an idiot once. Apparently, reading comprehension isn't your thing either.

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Quoting HPB

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Yea I do have better things to do with my time

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Then go do them. Why are you here? Ohh wait, could it be because you have a sad excuse for a life and the only fun you ever have is going on obscure message boards and acting like you know what you're talking about? I'm guessing that's why.

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Quoting HPB

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sad and pathetic you are.

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The pot calling the kettle black.

I'm done with you. You're obviously a troll with nothing better to do.

In fact, it seems like I've gotten all I can from this site.

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Quoting cyjeff

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are volunteers with experience and the ability to navigate the statutes.

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I thank all of you who fit into this category for your insight.