Can my brother be convicted of a crime just for being there and lying about what happened? How? 3 Answers as of June 30, 2015My brother was at the seen of crime when his friends stole car parts and was caught by the cops, everyone drove off and he was the only one who got caught, but he didn't steal anything and the cops know that. However, they have his finger print on the hood or so the cops claimed and they want to charge him for being there and lying about it when it happened, the cops took him into custody and they didn't read him his rights can he go to jail for that?
Freeborn Law Offices, P.S. | Steve Freeborn
From what you have said: your brother was at the crime scene with "friends" while the "friends" stole car p[arts with your brother's knowledge. Why was your brother there? Why are his fingerprints on the hood of the car that was being stripped? Why didn't he leave when he saw that his "friends" were committing a crime? If your brother did nothing wrong, then why did he need to lie to the officers? Sounds like maybe your brother isn't telling you the whole story. Based upon what you have said, sure, he can be charged with a crime.
Answer Applies to: Washington
Universal Law Group, Inc. | Francis John Cowhig
He can be charged and convicted as an accessory. The fact that his Miranda Rights were not read to him is not going to help him. Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested and/or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest. Your brother needs to hire the most experienced criminal defense attorney he can afford.
Answer Applies to: California