Tulsa, OK asked in Criminal Law for Oklahoma

Q: Two people. stolen vehicle driver & passenger both charged. Driver pleads guilty disposes of case. Case against pass??

Can the passenger charged with possession also they had no knowledge what constitutes position

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1 Lawyer Answer
David A. Cincotta
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Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Possession of a Stolen Vehicle or Unauthorized Use of a Motor Vehicle are crimes with different elements but both essentially require the State to prove that the defendant knew the vehicle was stolen or knew the vehicle was owned by someone other than another occupant of the vehicle or the person from whom the vehicle was received. It is unclear in your question which charge the passenger is currently facing, but it is possible for a driver and a passenger to both be convicted of the same crime (whichever is charged), assuming the State can prove its case. If the passenger has an attorney, I would strongly urge you to discuss your concerns with that attorney. If the passenger does not have an attorney, s/he really needs one ASAP. The State will not be looking to dismiss the charge against the passenger just because the driver entered a guilty plea.

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