Need help regarding felony charges. Yes again.?

Question

2 months ago, my former friend's dad got in an accident, in which he was no longer able to work. He was no longer to pay the bills and was 2 months behind. I was nice, so I loan my friend 4000 dollars. He promised he would have payed me once he received his income return. 1 month ago, his friend told me he had received his income return. Right after, I tried to get ahold of him, but to no avail. He never answered my calls or was never home. At that time, I had arranged to pay a deposit and first months rent of an apartment my friends and I were getting. I had 3 days left to pay, but I still couldn't get ahold of him. I found out one day that he told his friend that he was never going to pay me. This is when my 4 friends and I decided to break into his house to at least get some stuff of his. One night, we drove to his house. When we got there, we decided not to do it, so my friend just threw 2 rocks at the windows. On the way out of the neighborhood, we got stopped.

Our story sounded fishy, so the cops decided to check the truck. In the truck, the cops found some crowbars, gloves, and screwdrives. They took us in. They just had us for possession of criminal instruments, untill they interrogated my brother to admitting that we were going to break in but decided not to. He panicked. He wrote a statement of what happend and gave it to the police. Since we overheard him, we did the same, so all our stories would match. So, now we are charged with 3 felonies each; possession of criminal instruments, organized crime (attempted burglary), and burglary w/ intent to commit theft. We're going to see a lawyer this monday. What are the chances of burglary sticking? I mean, we decided not to do it and took off. So, wouldn't that be conspiracy.

Even then, couldn't we retract our statements and say they were coereced. All they have is the tools, just screwdrivers crowbars and gloves, no guns or knifes. If we retract our statements, how do they know we weren't going to use the tools to break into a car, a building, a shed, or just to play handyman. By the way, they caught us on the way out of the neightborhoood.

For those of you saying, why couldn't I take him to court. I talk to a lawyer about that, he said it was my word against his because I didn't have him sign anything. No promissory note. No one saw me loan him the money. No witnesses. It was just between me and him. No one knew untill he decided not to give it back.

This happened in Texas.

Answer 1

Boy, I seem to be on a trail with your questions and you keep giving out more details so I have to clarify my answer again and again (this is my third response).

First if you didn’t make your friend sign any legal documents saying that he owed you money then the debt won’t be provable or considered by the court. Between friends a person’s word should be good enough, but I have found that when money is involved all bets are off.

What ever you wrote in your statement and confessed to will probably stick, you should have waited for a lawyer. Did anyone ask for a lawyer or did you just get frightened and wrote those statements. If you did then and didn’t ask for a lawyer first then those statements will hold in court and they will be very hard to break. A good lawyer can do it, but probably not a lawyer from the Public Defender’s Office. You would need to prove that the police were notified you wanted a lawyer and didn’t get you one, or that the confessions were coerced, forced out of you somehow; the mere threat of jail isn’t enough, you were in jail already. The threat of serving time in a prison isn’t strong enough either since you are considered innocent until proven guilty.

The charge of Organized Crime may not stick, unless any of you are members of a gang. You are friends and your relationship as friends is not a criminal one. A good lawyer can make that charge “go away.”

In your two earlier questions you implied that guns were involved, if there were no guns present then that is good, but if you had a screwdriver the prosecutor can call that a weapon similar to a knife. If the knife has tool marks on it that could seem to make it look like it was sharpened then this question of a weapon or not becomes more important.

Your statements are the key to the case and they will be your doom. What ever you wrote and signed in police custody will be what the final decision will hinge on. If no one in your group was a gang member then you can argue your way past the organized crime charge, but you confessed to the others so a trial is a mere formality. If you can’t break those confessions then you will go to jail on attempted burglary (breaking and entering) and burglary to attempt theft (attempted theft). If you confessed that the group of you planned on breaking in and robbing your former friend then that is a conspiracy, although not necessarily a criminal one. Still it will only increase the threat you posed and that will make the charges seem worse and the probably punishment even worse.

The fact that you were leaving doesn’t matter; the fact that you might have intended something else is also immaterial. You confessed, and what ever you wrote on that confession will stay, it will cause you to lose the case, and it will put you in jail.

You have two options. First find a very good lawyer (read that as expensive) who can break those confessions or plead guilty and try to come off as good boys who planned a crime, but realized that it was wrong and you couldn’t do it. You were wanted to repent for that act so you willingly confessed to the police. I doubt if anyone will believe that you were on your way to turn yourself in, but you could try and suggest that to you lawyer and see what he thinks. You may end up confessing your guilt and “throwing yourself on the mercy of the court.” But, don’t do that until after you talk with a lawyer, in fact don’t say anything until you contact a lawyer. Future communication with your friends can be traced and that can be used to say enforce the idea of a conspiracy, so don’t talk with them. Seek legal advice this minute, I mean right after you read this note.

Answer 2

Yer screwed buddy! Conspiracy to commit burglary is just like committing it. You and more than one person conspired to commit that crime and the charge will stick. You and all your buddies will go to court and sit with the prosecutor. They will offer a reduced charge or offer one felony in exchange for dropping the rest. You will take it if your smart. This Yahoo Answers stuff........you pretty much typed out a confession for the whole friggen world to see....so changing your story is not gonna work. Your IQ has got to be near the bottom of the scale.

Answer 3

not trying to be a smart@@@ or nothing but you really need a good lawyer yes you can retract your statement, but if you will check your law books conspiracy is more of a charge. It is like organized crime. the fact that you didn't break in is good. really you can't be charged with something you didn't do. the fact that your brother ratted you out is not good. If no one had said anything then no one would or could have been charged with anything
all i know to say is good luck. and i hope you get your money back.

Answer 4

OK about the only one that prob wont stick is the burg with intent to... cause as far as I know you actually have to be caught in the residence or with items from the residence. Organized crime could stick, they'll prob drop it cause well its kinda bs...but well within the law. Organized crime is defined as two or more people coming together to commit a criminal act...its basically the samething as conspiracy to commit but holds a little longer sentance. Basically what I'm sayin is if a plea is offered take it....most your lookin at mayb 15yrs at the least prob about 2yrs with massive parole time.

Answer 5

You should've just taken the guy to small claims court. As far as them not allowing you to retract your statement, they're right to do so. How do they know you weren't just going to play handyman and what not, because you were witnessed vandizing the house w/ rocks, and you told them and now us that burglary is exactly what you intended.

Answer 6

I am throughly pleased that our justice system here in the United States is good in your city at least! You were going to comit a robbery, i hope and pray your charges stick, no matter what the reason is you shouldnt steal idiot. Now your going to court, ironically its the place you should have gone to get your money that night instead of your friends house. but now your going to be charged and jailed. Good Luck to you i hope this teaches you a lesson

Answer 7

Where did this happen? Maybe the city law has a loop hole.