Can you be charged with pc 459 and pc 182 if you never enter the home and are in the car? 7 Answers as of July 11, 2011

My husband and 2 other men were charged with pc 459 and pc 182, the other men went in the home however my husband never entered the home he was just outside in the car. What could he be facing, is his case argumentative? He is actually on probation in another county, however the incident was in another neighboring county... any help?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You can be charged with conspiracy PC 182 no matter where you are if it can be proved that you were part of the agreement to commit the crime and that you participated in an overt act in carrying it out thereafter. You can even be found guilty of crimes you never intended if they are the natural and probable consequence of agreeing to the crime you did help plan.
Answer Applies to: California
Replied: 7/11/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Unfortunately, the whole point of charging the PC 182 (conspiracy) is so that everyone involved in the burglary can be charged with it. This is a common method of getting the lookout, the getaway driver, and anyone else involved all charged with the same burglary. It is difficult to predict what he could be facing without knowing the details of the offense and the your husband's individual circumstances. This arrest will be a violation of probation in the other county and could actually cause him more immediate concern. I did a case almost exactly like this recently. Feel free to call me.
Answer Applies to: California
Replied: 6/23/2011
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
The charges can be based on conspiracy also aiding and abetting from the facts provided.
Answer Applies to: California
Replied: 6/23/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
CAN they charge the crimes? Of course. If they think they can convict of the crimes, including conspiracy. Hell also be charged with a probation violation and face re-sentencing and jail on the original crime. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to not talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 6/22/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The same way that a get-away driver can be charged with robbing a 7-11 your husband can be charged with the 459 and 182. Your husband has also committed a probation viloation . Even without pleading guilty he can be sent to finish his jail or state prison time. Your husband will benefit from the help of an attorney.
Answer Applies to: California
Replied: 6/22/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    Yes! As an accessory to burglary and the other is a conspiracy theory. Your husband who is on parole/probation should definitely get an attorney. Don't bail him out because he will just be put back in for his probation violation.
    Answer Applies to: California
    Replied: 6/22/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The prosecution is probably based on a theory that your husband was aiding and abetting the other two who went into the house. The 182 is conspiracy. I cannot give you am estimate as to the potential sentence because you did not say what your husband's prior record is. If he has serious felonies, the potential sentence increases substantially. Residential burglary, which is what you describe, is mandatory state prison. Hire a good attorney.
    Answer Applies to: California
    Replied: 6/22/2011
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