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  1. #1
    Join Date
    Feb 2009
    Posts
    2

    Unhappy A Lesser Plea

    My question involves criminal law for the state of: michigan
    My son was arrested and is being accused of home invasion. He was asked by an old friend to give him and another person to a home. My son was asked to wait outside for them. They came running back to his car with stolen goods. My son claims he has no idea this is what was going to happen. He was just offering a ride. Being afraid and doing the wrong thing he drove off with the assailants. HE quickly dropped them off and they left a few items that were stolen with my son. One assailant was picked up and I guess named my son as the driver. My son was asked to come to the police station for questiong.
    I believe my son is only partly at fault as he wouldnt knowingly do this since he is in the process of trying to join the military. HE just made a stupid mistake and looks very guilty in doing so.
    He is being charged with home invasion altho he never got out of his car to enter the home. HE admits to guilt of leaving the scene and also had stolen goods but we feel the charge is harsh for what he did.
    My question is will he have a chance to plea for a lesser charge of having stolen property in his possesion? This would then be a misdemeanor correct? The only prior charge he has is a misdemeanor of which a similar thing happened when some one had stolen property on them in his vehicle.
    iI be able to get my vehicle back?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: A Lesser Plea

    The prosecutor's version, of course, will be that the items they left in the car were your son's share of the loot. Being the getaway driver doesn't absolve him of any responsibility for the crime. And you say he's done this before - but that time he was guilty?

    Your son needs a criminal defense lawyer. His lawyer can help him try to negotiate a plea bargain or, if necessary, try to defend him at trial.

  3. #3
    Join Date
    Feb 2009
    Posts
    2

    Default Re: A Lesser Plea

    I spoke to the detective and he assurred me that he will have in his report that after talking to my son they do not feel my son had any prior knowledge of what the others had planned and that he was just giving them a ride. Unfortunatly for my son he got scared and drove off with them after they came running to the car. HE told the police he kids as soon as he could, he was pretty upset. They left the items with him I guess for his trouble. I think at that point he was scared and didnt know what else to do.
    THe detectives came to our house and questioned him ,my son gave him the 2 items,my son was asked to come in the next day for more questioning and he did...they didnt arrest him till the prosecutor told them to, I think it was 2 or 3 days later. We actually thought maybe he wasnt gonna get aressted at all!
    Since my son cooperated fully with them they are leading me to believe they are gonna be very fair to my son in the report. I am praying that all that will get his charges dropped to a much lessor crime. Possibly having concealed property or somthing to that affect.
    The prior charge he has was another matter of him taking acouple kids to the store , they said they had some items they wanted to return. One of them(not my son) tried to steal somthing in the store and was caught and they found out that they had had stolen property in a bag in my sons car.
    So needless to say my son needs to quit giving people rides in his car and use his head! HE has always been the type of guy to help people out if they ask him unfortunatly. HE has badly been taken advantage of and I had hoped he had learned from that time.
    ANyway we cannot afford an attny but I was wondering if getting some character letters in my sons behalf would help? I think our Pastor would be willing to write one as he was fond of my son and we have been members there for years. I also have a friend who is retired from that precinct and I was thinking of telling her about this and seeing if there was any way she could help. SHe has known my son since he was born.
    ALso is it possible to talk to the prosecutor myself or would he even be willing to hear from me? Im not sure how it all works. My sons pretrial is next week the 18th...he will already have 12-13 days in the county jail also at that point.
    I know my son isnt totally innocent in this matter but he doesn not deserve the stiff convition they are trying to pin on him at all! which is home invasion 2nd degree! ANy more advice and answers to these questions would be greatly appreciated!

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