Accessory or Accomplice to Theft Crime

[user35]

My question involves juvenile law in the State of: California.

A group of children were riding in a taxi. The previous customer left their phone in the taxi. One of the children took the phone. The other children did not know that that child took the phone until they were already out of the taxi. When the children got angry at the other child for taking the phone, the child possibly tossed the phone.

The customer now knows who took the phone and is threatening to press charges against all of the children if they do not get their phone back. I was told that the police told one of the parents that all of the children will be in trouble and have charges against them because it is considered an accessory or accomplice to a crime even though the other children did not take it, did not know the child took it until it was too late, and had nothing to do with the child possibly tossing the phone. The other children can not return the phone if that child tossed the phone.

Can the other children be charged for what that child did?

[cdwjava]

A group of children were riding in a taxi. The previous customer left their phone in the taxi. One of the children took the phone. The other children did not know that that child took the phone until they were already out of the taxi. When the children got angry at the other child for taking the phone, the child possibly tossed the phone.

So, no one knows what happened to the phone. Is there any verification of this tale by the "angry" children?

The customer now knows who took the phone and is threatening to press charges against all of the children if they do not get their phone back. I was told that the police told one of the parents that all of the children will be in trouble and have charges against them because it is considered an accessory or accomplice to a crime even though the other children did not take it, did not know the child took it until it was too late, and had nothing to do with the child possibly tossing the phone. The other children can not return the phone if that child tossed the phone.

Can the other children be charged for what that child did?

How old are the "children?"

I doubt the others could be accomplices unless the state can show that they knew the phone was present and in some way assisted or acquiesced to his taking it. They would be under no legal obligation to report their friend for the theft, but depending on the details MIGHT be an accomplice to theft or the misappropriation of found property.

An "accomplice" is defined as a witness at trial who is liable for the same offense(s) for which the defendant is on trial. Essentially if accused of being an accomplice the person is a principal party to the offense because he aided and abetted in the commission of the offense and shared the intent of the defendant.

To be an accessory, the offense would have to be a felony (and I doubt the phone was worth over $950) and the kids would have to have aided the offender by aiding him avoid identification or prosecution for the offense.

Now, even if the facts show that the boys might be accomplices, I suspect that if they come forward with the truth, the DA would take that into consideration. This is almost certainly a misdemeanor petty theft offense, so not a huge matter for the police or the prosecutor and I doubt that anyone is going to be too excited to go after a bunch of kids for the actions of one. Unless, of course, the story as related to the police is much different than the version you have.

[user35]

When the children got angry with that child for taking the phone, they then separated for a short time. When the children came back into contact, the child told the other children that they threw the phone away. However, the other children did not actually see this child throw the phone away. They only know that they did not see this child holding the phone again.

The child who took the phone was sitting in the front seat with the taxi driver. One of the children in the back seat found the phone reached to the front seat to give the phone to the taxi driver saying someone left their phone. The child in the front seat quickly grabbed the phone from the child in the back seat. Taxi driver must not have heard the child speaking from the back seat. The child who was trying to hand the phone to the taxi driver from the back seat thought that the child sitting in the front seat left the phone in the front with the taxi driver or left the phone in the front seat. After they were out of the taxi, the child who took the phone showed the other children the phone that they had decided to keep. Then the child from the back seat became angry and separated from the child who stole the phone. The child who stole the phone came back up to this child after a brief period and said they threw the phone away because that child was angry with them.

One of the parents explained this to the officer, but says the officer told them it doesn't matter. The children were with that child when the crime occured. The parent also says that they have heard that the parent of the child who stole the phone is not going to work with the owner of the phone to resolve the situation. So now all parents are worried that their children will be in trouble since this childs parents may not work with the owner of the phone to resolve the situation and owner of phone is threatening charges against all children if phone is not returned.

[cdwjava]

One of the parents explained this to the officer, but says the officer told them it doesn't matter. The children were with that child when the crime occured. The parent also says that they have heard that the parent of the child who stole the phone is not going to work with the owner of the phone to resolve the situation. So now all parents are worried that their children will be in trouble since this childs parents may not work with the owner of the phone to resolve the situation and owner of phone is threatening charges against all children if phone is not returned.

Obviously, the police are in a better situation to determine the facts than I am or you are.

I suspect that if the other children do not cooperate with the police and provide statements against the kid who actually stole the phone, the police may request charges against all of them
under the assumption that they worked together. If the other kid gets charged, it is likely his attorney will make the claim that they were all involved ... and, they may well have been involved but had second thoughts later. It's hard to say.

Again, I ask (because it makes a difference), how OLD were the children?

[user35]

Thank you for your response! The children are all 5th 6th 7th grade students. The other children do not have a problem cooperating. The police say they have video and audio from the taxi cab so they know which child actually took the phone. They still say the other children can face charges. I don't know if that is true or if they are just saying that thinking one of the kids will tell them where the phone is. The police just want to help get the phone returned to the owner who is trying to be nice about it by giving them an opportunity to return the phone and face no charges. But this child says they threw the phone away. The child admitted to their parents that they stole the phone, and the parents admitted to the other children's parents that their child admitted it to them. However, after they realized that the police were getting involved, they said they were not replacing the phone and they were not going to talk to the owner or the police. And, now after police are involved the child is trying to blame it on the other children. There is one child who stole the one, and three children who all say that child is the one who stole the phone. All other parents involved would love for the phone to be returned, but the child is saying they threw it away. All other parents feel for the owner of the phone, but think it is unfair for them to have to replace the phone which could be pretty expensive when the parents of the child who actually took the phone refuse to cooperate or replace the phone their child stole. But, if it is true that all other children could be charged because of that child and that child's parents refusal to cooperate, the other parents may have to pay for that child's mistake to keep their own children from getting into trouble for something that they did not do. Personaly if it was my child who stole the phone, they would be calling the owner to apologize and they would be mowing a lot of yards to pay for that phone, and they would be spending a lot of time sitting in their room staring at white paint on the walls and dreaming of having a phone, tv, stereo, ipod, or anything else enjoyable. It just doesn't seem fair for the other children to be punished for something that child did. And it doesn't seem fair for the other parents to pay because the parents of that child refuse to teach their child to do the right thing.

[cdwjava]

Thank you for your response! The children are all 5th 6th 7th grade students. The other children do not have a problem cooperating. The police say they have video and audio from the taxi cab so they know which child actually took the phone. They still say the other children can face charges.

Even if they CAN face charges does not mean that they WILL face charges.

A lot will depend on what was seen in the video and what was said later on.

I don't know if that is true or if they are just saying that thinking one of the kids will tell them where the phone is.

It could well be. Pressure sometimes works.

However, after they realized that the police were getting involved, they said they were not replacing the phone and they were not going to talk to the owner or the police.

That limits the options and could increase the chance that more children will be charged.

And, now after police are involved the child is trying to blame it on the other children.

It could be a wise strategy since the other kids and parents are not cooperating with the police.

All other parents feel for the owner of the phone, but think it is unfair for them to have to replace the phone which could be pretty expensive when the parents of the child who actually took the phone refuse to cooperate or replace the phone their child stole.

And those other parents are assuming that their respective children are not complicit ... this may not be the case. It is not an uncommon thing that one child will initially take the heat to protect his pals, but if push comes to shove, he'll chicken out when the cops get involved. The video may be a little more revealing than you believe.

Personaly if it was my child who stole the phone, they would be calling the owner to apologize and they would be mowing a lot of yards to pay for that phone, and they would be spending a lot of time sitting in their room staring at white paint on the walls and dreaming of having a phone, tv, stereo, ipod, or anything else enjoyable.

Ditto.

It just doesn't seem fair for the other children to be punished for something that child did. And it doesn't seem fair for the other parents to pay because the parents of that child refuse to teach their child to do the right thing.

Apparently all of the facts aren't in. It may very well go to Juvenile Probation whop will then call the children in and decide whether the matter should be sent to the DA for prosecution or not. The ages of the children would seem to lean heavy towards NO prosecution provided everyone owns up to their respective parts and what they saw, and, someone - or a group of someones - agrees to make good on replacing the stolen phone.

[user35]

Thank you very much for your help!