For those who know criminal law.?

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 a hold 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.

What do you think my punishment will be? I have no priors, not even a traffic ticket. Do you think I'll do time?

Answer 1

Cory or Trevor? Stop hanging around with Ricky and Julian!

Answer 2

With respect to the loan: You could have just filed a demand letter against your friend asking for the return of the loan. Of course, since it seems you didn't make him sign anything for it, it'd be pretty hard to prove that he did borrow money from you and then again there is such a thing as a statute of frauds which may or may not apply to your case.

With respect to the criminal act of attempted burglary, from the information you have given me, the prosecution would have a hard time to convict you all of attempted burglary, especially if at the time you were "captured" you have not as yet commenced any act towards the execution of your planned burglary (i.e. prying the doors or windows open) and that you desisted from committing the crime. I said hard, but certainly not impossible, it would really have to depend on the evidence gathered and the testimonial evidence of the enforcers that caught you.

If I were you, I'd quit telling them the story about the 4000 dollars the guy allegedly owes you. One, its a very weak defense, Two -- they might use it to prove criminal intent. That is that you guys really did have the criminal intention to rob the guy to make him pay for what he owed you.

Get a lawyer and consider plea bargaining with the prosecutor, hopefully the prosecutor might be inclined to let you off with malicious mischief on account of the two rocks that were thrown at the windows. Was there any damage to the windows btw?

Answer 3

Sport.....really...that was stupid and seeing that you're an articulate fellow i have no doubt you agree with me on this. Intent is the name of the game. If the court can prove intent, which they should because of the statements then its a slam-dunk. To say that the statements were coerced will only piss off the prosecutor and he/she may screw you to the wall. You may very well get the case nolled or 1st offense something like accelrated rehabiliatation. Both are wiped from your record after 12 to 13 months.
I suspect first offense will save you. In the future...quit acting so stupid. Either that or find some new friends that don't have such asinine ideas. Oh...and avoid friends who refuse to pay back debts.

Answer 4

Hector, You had many other options to settle this loan
Rule #1 Never LOAN money to a friend, You will never see it again anyway so just give it to them.

Rule #2 You are so screwed. You have borken the law whaich is there to protect all. Just like you would have had the right to sue him in court.

If you have no other convictions on your record AND the judge believes your story you may only get 2-3 years probation.

Silly little boys playing in the road :(

Answer 5

first of all never loan money to friend or relatives Hard lesson learned! you will probably get off with a misdemeanor, probably have to pay for the broken windows, and community service since you had intent to break in but luckily you didn't, you may have a judge that is happy you saw the light before committing the crime as for your brother squealing, thank God you didn't do anything, as for the money owed take him to small claims court for the money.

Answer 6

First, you need to get new friends!

Second, this story is like the blind leading the blind. Plead temporary insanity and throw yourself on the mercy of the court. Once the District Attorney stops laughing so hard, he will most likely offer you a plea bargain to lesser charges, no jail time. You will probably have to pay damages (broken window) and court costs in addition to your lawyer fees.