My brother is in jail waiting for his prelimnary hearing on 3 different counts. this is what happen.?
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My brother is in jail waiting for his prelimnary hearing on 3 different counts. this is what happen.?
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Three of his friends asked him to drive them to the store to buy beer. while waiting outside in his car, his friends decided to graffiti the wall outside next to the liquor store. while this was taking place a pedestrian was passing by and told his friends to stop tagging on the wall. The argument escaladed to a fight and the pedestrian was badly injured. keep in mind my brother was in the car the whole time and the liquor store survailance camera proves that. what the camera didnt catch was the fight. After the fight the guys ran back to his car and my brother drove off without any knowledge of what had occured. the camera just shows him driving off, it doesnt show when his friends ran back to his car. the police arrested them all two weeks later and theyre all facing the same charges. my question is; do they have enough evidence to convict my brother with the charges of attempt muder and two seperate counts of "ADW". even though he did not know that the crime was going to take place and he was not even involved in the fight or inflicted any bodily injury on the victim. The camera shows all of my brothers friends coming out of his car and entering the store and my brother waiting in the vehicle thats all the video shows. What do you think is going to happen to my brother. he also has been very cooperative with the police and detectives. Thank you for your responses.
Additional Details
just to clarify we reside in CA.
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Ben
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When the DA sorts out the charges, if what you're saying is corroborated, your brother (may) get lesser charges but there's no guarantees. However some states have what's called the felony continuation law which stipulates that "when you participate in any way in a felony, you can be charged and held responsible for any consequences or results that happen related to the felony". |
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zo
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Well to be completely honest..police officers hear the story ur brother is saying a whole lot! Its usually bullcrap, though it may be hard for you to accept, ur brother knew exactly what his friends were going to do, he will of course never admit it to you or your family. Now, that being said, your brother should fair a whole lot better than his friends, for the simple fact that he did not participate in the beating. The preliminary hearing is simply going to determine if there was probable cause for him to be arrested, my guess is that the judge will say yes and then set bail. As far as the charges go, that depends on what state you guys are in...some are tougher than others. For example, in Illinois, if someone u are with, kills a person, u could be charged with the same crime even if u did not pull the trigger, just helping that person in any way could get u charged. In reality, however, it rarely happens, unless the crime was particularly brutal or high profile. If your brother cooperates with that states attorney, he will get a lighter sentence, especially if he did not participate in the beating. |
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