Q: My husband is being charged with a class D felony for theft. He didn't actually take anything.
His friend supposedly got permission to take a bunch of scrap metal from a burnt down abandoned house and the neighbors to this house called the police on them. His buddy took off before the police showed up leaving my husband high and dry to take punishment, my husband not knowing he didn't actually have permission because noone could actually locate the home owners to the burnt house and he is now in jail being faced with Class D felony charge for theft, he didn't leave the house with anything in his truck he took everything he had put in it out while the police were there. can they still charge him with this?
A: The quick answer is yes. Prosecutors have a great deal of discretion on whether or not to file charges. In order to be convicted the State will have to prove that your friend Knowingly or Intentionally exerted control over the property of another person and did so without the permission of the property owner. I believe that your friend's attorney, if he/she gets an attorney which I highly recommend he/she do, will focus on the element of knowingly or intentionally exerting control with the defense. Have your friend speak with a criminal attorney as soon as possible.
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