Q: My husband was just charged with a petty theft at Walmart. He wasn't stopped when we left but was just issued a summons
I'm now being charged with complicity. I didn't know he stole anything, can I still be charged with complicity even though I had no idea he took anything.
A:
BEING CHARGED WITH A CRIME IS DIFFERENT THAN BEING FOUND GUILTY. IF THE POLICE BELIEVE THEY HAVE PROBABLE CAUSE, THEY CAN CHARGE YOU WITH A CRIME. PROBABLE CAUSE TO ARREST IS A LOWER STANDARD THAN BEYOND A REASONABLE DOUBT, WHICH IS THE BURDEN OF PROOF THAT A PROSECUTOR WOULD NEED TO MEET IN ORDER TO FIND YOU GUILTY OF THE CRIME.
SO, THE FACT THAT YOU DID NOT KNOW HE IS STEALING WOULD BE YOUR DEFENSE, AND YOU WOULD BUILD YOUR DEFENSE AROUND THAT.
BEST OF LUCK,
PAT DICHIRO
Dimitrios Makridis agrees with this answer
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