Shoplifting, Larceny, Robbery, Theft My cousin got caught shop lifting, and I was with him

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bukdni

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So my cousin asked me to go to Fry's Electronics with him. We were there for like an hour and I pretty much followed him around, then he gave me some cash and asked me to buy 2 items for him with it. He said to just buy it, put it in the car, and walk back inside and give the receipt to him and to just wait there. So I did that.

At first i wasn't really sure what was going on because he didn't tell me anything, but just to do it for him (which I did). But then thats when I realized that he went to the check out counter to pretend that he had "already bought" the items. I saw him getting the items bagged, and then he tried to leave the store. As soon as he stepped out, the "lost prevention" people were already outside waiting to grab him.. So as I stepped out, I saw my cousin getting frisked and stuff, and as terrified as I was I just kept walking to the car and waited. They didnt see me.

A couple hours later, he called me and tells me hes in downtown jail. Hes charged with Grand Theft and 2nd degree Burglary. So I'm like.... OMG. And he says its gonna cost 3,600 dollars to bail him out. He also said that they asked about me because I was on the camera with him and stuff.

So yea.... I dont even know whats going to happen to him AND me. Even though I didnt steal anything, I WAS with him, and I DID assist him in the theft. Im really more worried about myself. because what if he does decide to rat my out as an accomplice...

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My cousin has been caught shoplifting once with petty theft before as a minor.... and now he is 18 years old..

I, on the other hand have had one DUI and is still on my 3 years probation.
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Will he get interrogated in court and asked to ID me again?
What do I do if he decides to rat me out as an accomplice? or just even ID me.
What kind of punishment can he be facing?
And What kind of punishment can I be facing?
What happens if we dont bail him out and just leave him there?
Also should we(the family) bail him out?
 
For your protection we have word censors so store name is not posted. We do not need that info to answer your questions. Certainly the store in question does not need to read your admission as well. If the store ask you to come in and talk do not do so until you have consulted an Attorney. It may be possible your cousin will be offered a reduced sentence to rat you out.
 
buk_d_ni said:
So my cousin asked me to go to Store name Electronics with him. We were there for like an hour and I pretty much followed him around, then he gave me some cash and asked me to buy 2 items for him with it. He said to just buy it, put it in the car, and walk back inside and give the receipt to him and to just wait there. So I did that.

At first i wasn't really sure what was going on because he didn't tell me anything, but just to do it for him (which I did). But then thats when I realized that he went to the check out counter to pretend that he had "already bought" the items. I saw him getting the items bagged, and then he tried to leave the store. As soon as he stepped out, the "lost prevention" people were already outside waiting to grab him.. So as I stepped out, I saw my cousin getting frisked and stuff, and as terrified as I was I just kept walking to the car and waited. They didnt see me.
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A REASONABLE person would suspect he was part of some sort of theft activity. A jury is NOT likely to believe that you were just a witless dupe. Of course, if you DO get charged, your attorney can always try to make you out as a naive, brainless twit, and hopefully you have a history of dumb and naive acts to back such a claim up with.

Of course, the state has to PROVE that you were involved in order to convict you. Even if they do not have enough to convict you, you can still be charged with the burglary, and conspiracy to commit burglary (another felony). They would likely use that to compel you to testify against your cousin. If they do NOT charge you, they can still subpoena you and compel you to testify against him.

My cousin has been caught shoplifting once with petty theft before as a minor.... and now he is 18 years old..
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Then that could be another felony for him.

I, on the other hand have had one DUI and is still on my 3 years probation.
Click to expand...
You could find your probation violated and you could go back to jail to serve that sentence in custody in addition to whatever new charges you might face if charged and convicted.

Will he get interrogated in court and asked to ID me again?
Click to expand...
If you are charged, possibly. But since such a thing would implicate him, unless he works out a deal to dime YOU off, he is not likely going to be compelled to testify as that would tend to violate his 5th Amendment right against self incrimination.

What do I do if he decides to rat me out as an accomplice? or just even ID me.
What kind of punishment can he be facing?
And What kind of punishment can I be facing?
Click to expand...
Without going into details, you could both face a few years in prison. Realistically, you could face county jail time and a lengthy probation to include search conditions allowing the police to search you, your home, and your vehicles whenever they want to.

What happens if we dont bail him out and just leave him there?
Also should we(the family) bail him out?
Click to expand...
If you do not bail him out he stays there. Personally, I wouldn't bail anyone out. But, if you do NOT bail him out, he may decide to dime you off because he's pissed.

Most importantly, do no expect anyone to believe that you were an innocent dupe. It won't fly. Even on the off chance that you WERE a dupe, it was because you convinced yourself that nothing funny was going on. I guarantee that even my 9 year old son could figure out that something was not right with what was going on. So, unless you are in grade school, you will not likely be believed.
 
cdwjava said:
buk_d_ni said:
So my cousin asked me to go to Store name Electronics with him. We were there for like an hour and I pretty much followed him around, then he gave me some cash and asked me to buy 2 items for him with it. He said to just buy it, put it in the car, and walk back inside and give the receipt to him and to just wait there. So I did that.

At first i wasn't really sure what was going on because he didn't tell me anything, but just to do it for him (which I did). But then thats when I realized that he went to the check out counter to pretend that he had "already bought" the items. I saw him getting the items bagged, and then he tried to leave the store. As soon as he stepped out, the "lost prevention" people were already outside waiting to grab him.. So as I stepped out, I saw my cousin getting frisked and stuff, and as terrified as I was I just kept walking to the car and waited. They didnt see me.
Click to expand...
A REASONABLE person would suspect he was part of some sort of theft activity. A jury is NOT likely to believe that you were just a witless dupe. Of course, if you DO get charged, your attorney can always try to make you out as a naive, brainless twit, and hopefully you have a history of dumb and naive acts to back such a claim up with.

Of course, the state has to PROVE that you were involved in order to convict you. Even if they do not have enough to convict you, you can still be charged with the burglary, and conspiracy to commit burglary (another felony). They would likely use that to compel you to testify against your cousin. If they do NOT charge you, they can still subpoena you and compel you to testify against him.

My cousin has been caught shoplifting once with petty theft before as a minor.... and now he is 18 years old..
Click to expand...
Then that could be another felony for him.

[quote:2qwolisa]I, on the other hand have had one DUI and is still on my 3 years probation.
Click to expand...
You could find your probation violated and you could go back to jail to serve that sentence in custody in addition to whatever new charges you might face if charged and convicted.

Will he get interrogated in court and asked to ID me again?
Click to expand...
If you are charged, possibly. But since such a thing would implicate him, unless he works out a deal to dime YOU off, he is not likely going to be compelled to testify as that would tend to violate his 5th Amendment right against self incrimination.

What do I do if he decides to rat me out as an accomplice? or just even ID me.
What kind of punishment can he be facing?
And What kind of punishment can I be facing?
Click to expand...
Without going into details, you could both face a few years in prison. Realistically, you could face county jail time and a lengthy probation to include search conditions allowing the police to search you, your home, and your vehicles whenever they want to.

What happens if we dont bail him out and just leave him there?
Also should we(the family) bail him out?
Click to expand...
If you do not bail him out he stays there. Personally, I wouldn't bail anyone out. But, if you do NOT bail him out, he may decide to dime you off because he's pissed.

Most importantly, do no expect anyone to believe that you were an innocent dupe. It won't fly. Even on the off chance that you WERE a dupe, it was because you convinced yourself that nothing funny was going on. I guarantee that even my 9 year old son could figure out that something was not right with what was going on. So, unless you are in grade school, you will not likely be believed.[/quote:2qwolisa]

If the court were to believe that I had the intent to assist him..... What if I were to say that I decided to bail out at the moment and not follow through with it.. And that whatever decision my cousin made was all up to him..? would that fly?

Also do you think they would try to interrogate him further at the court or whatever? Because when he called me, He told me that they already asked about me when he was still at the store.... Would they bring that up again in court or where ever?

Would the merchandise shop company still try to catch me even though they already caught actual theif?
 
What if I were to say that I decided to bail out at the moment and not follow through with it.. And that whatever decision my cousin made was all up to him..? would that fly?
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If I was a juror no it wouldnt fly.
Also do you think they would try to interrogate him further at the court or whatever?
Click to expand...
Interogation takes place before court not during
Would the merchandise shop company still try to catch me even though they already caught actual theif?
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Thats the store's call but I would thik so. By the way if DA catches wind of another suspect he could likely pursue you. It makes much better case if he gets you two to turn on each other.

You need to start calling Lawyers your looking at some serious charges
 
[quote:3m2iz4cz]Also do you think they would try to interrogate him further at the court or whatever?
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Interogation takes place before court not during[/quote:3m2iz4cz]

hmm, before court? Well i guess they asked him once at the time he got caught.. Right now I guess hes sitting in downtown jail.. I dont really know where he is being held. but if we leave him there his court date is going to be on Wednesday coming up.

Do you think he would likely get interrogated? And, exactly who would come by to do it? The stores company? or the cops?
 
If they feel they need more from him (like your name etc) they will likely question him some more. Keep in mind his upcoming court date is only his arraingnment. Unless he pleads guilty right then or agrees to a plead deal there are more court dates coming. Another thing to think about is the statute of limitations to charge you is still years away!
 
Admin said:
If they feel they need more from him (like your name etc) they will likely question him some more. Keep in mind his upcoming court date is only his arraingnment. Unless he pleads guilty right then or agrees to a plead deal there are more court dates coming. Another thing to think about is the statute of limitations to charge you is still years away!
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Since we're not going to post bail for him, is he going to have to go back to jail after he goes to his first court date? which is on the 30th of december.
 
buk_d_ni said:
Since we're not going to post bail for him, is he going to have to go back to jail after he goes to his first court date? which is on the 30th of december.
Click to expand...
Does anyone know?
 
When he goes for his arraignment, the judge can choose to increase or lower bail, or even release him on his own recognizance pending a new court date. Without knowing the practice of that particular court, it is impossible to guess what the court might do. But, if the court does not release him, he will remain in custody until bail is made.
 
If I get pulled into this too.. would I most likely be charged with "Accesory" to the crime? Or as an "Accomplice". Do you guys have any ideas on what they can possibly charge me with???
 
When he got caught did he try to say that you did anything? Or did he keep you out of it?
just because your with him, doesn't mean you'll neciccarially get into trouble too. it all depends.
when i got caught i had a friend with me but she wasn't near me when i was caught, i covered for her and said she had nothing to do with it and didn't do anything (which is true). So she has nothing to worry about.

hope this helps a bit
 
I doubt you will be an "accomplice" or "accessory" as you were a party to the offense. If charged, you will be charged as a principal. Under California definition, you are not an accessory, you are an accomplice and we define that as being a principal to the crime.
 
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