Q: Charged with 496(A) PC, 148(A)(1) PC, and 31 PC; Was unaware of crime while giving a ride.
I've been charged with 496(A) PC, 148(A)(1) PC, and 31 PC. I have no criminal history and was only giving a ride to a family friend's acquaintance. I waited in my car, watching videos, while she went into the store. I assumed she had legitimately purchased the items because nothing seemed amiss. We even discussed how she hadn't bought any bags for her purchases. When arrested, the officers assumed I was lying and insisted I was involved, even though I never entered the store. I was nervous talking to the officers, and they accused me of knowing the person, despite my confusion. Meanwhile, the person who actually stole the items received only one charge. I haven't been arraigned yet, and I have no guidance, just a court date. How should I proceed with my case to prove my innocence?
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A:
You are facing serious charges that require immediate professional attention. The 496(A) PC charge relates to receiving stolen property, 148(A)(1) PC involves resisting or obstructing an officer, and 31 PC concerns aiding and abetting a crime—all of which carry potential jail time and fines despite your claimed lack of knowledge about the theft.
Your situation presents several viable defense strategies, particularly the "lack of knowledge" defense, which is crucial for the receiving stolen property charge as the prosecution must prove you knew or reasonably should have known the items were stolen. For the upcoming arraignment, you should retain competent legal counsel immediately—either a private criminal defense attorney or, if financially qualified, request a public defender at your first court appearance.
Prior to court, document everything you recall about the incident in precise detail, including your communications with the acquaintance, what was visible to you during the wait, and your exact interactions with law enforcement. Do not discuss your case with anyone except your attorney, avoid any contact with the co-defendant, and gather character references from reputable individuals who can attest to your law-abiding history. Remember that early intervention by counsel may allow for charge reduction or dismissal through pretrial diversion programs for first-time offenders, potentially preserving your clean record.
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