Need help regarding felonies.?

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.

By the way, I talked to the lawyer about getting my money, but he said there's nothing I could do because I didn't have him sign anything. No one saw me loan him the money, and it would be just my word vs his.

Answer 1

First of all, the money is irrelevant to the case. You should have taken him to small claims court but even if he lost, he could refuse to pay. Unfortunately, you learned an expensive lesson.

As far as the felonies you are dealing with now, you didn't commit a crime and having crowbars, etc... in you car is not illegal. Sure you had intent but you changed your mind. And even if you didn't' change your mind, you never committed the crime.

You need an attorney... a half-decent one if you can afford it.

Either way, I am sure this can at least be lowered to a misdemeanor...

Answer 2

The lawyer was being practical. When it comes down to one word agains the other, with nothing in writing and no witnesses, there is little point in filing a lawsuit.

As to the criminal charges, laws vary by state, so the following is only a general analysis based on common principles.

You are all guilty of conspiracy, as soon as you made the agreement and got in the car. Conspiracy does not require following through, must making the agreement.

You are likely guilty of possessing criminal instruments, given your stated intention in having those items.

You may be found guilty of attempted burglary. Burglary is defined as the breaking and entering into someone's house with the intent to commit a crime. You say that you no longer had criminal intent when the rocks were thrown, but that you did have criminal intent prior to that. It depends on what the jury believes about exactly when you changed your mind.

Answer 3

You can still demand payment by serving a formal collection for the money you lent to your friend. If no payment is made, file a collection case but be able to present witnesses and prove the debt.

Regarding, the alleged burglary, tell the truth that you came to the house to collect the debt but since you were not able to collect, stones were thrown but did not intend to do more damage. The instruments were not intended to be used for burglary at the house but were just on the car and were never brought to the house.