Legal Question in Criminal Law in Florida

A Designated Driver with a problem...

Let's say I was driving a friend,

''Timothy'', home from a bar after a

heavy night of drinking. I am

completely sober, but my friend

''Timothy'' and his other friend ''john''

ride in the back of my car, flailing

about and acting foolish.

We drop off ''John'' at his apartment

complex and as i drive down the

slopes, ''Timothy'' yells ''STOP!!!''. I

stop the car and ask him what he is

doing, but instead of answering he

jumps from the stopped vehicle and

takes a few items from the top of a

car. ''Timothy'' gets back in the car

and I ask him about what happened,

telling him if he stole anything or

wrote on a wall or something, the

cameras in the garage would've

caught him. Timothy just tells me to

go so I do, the next few moments

reveal to me that Timothy has stolen

property.

The next day ''john'' calls me and Tim

at my house, telling us they have tim

on camera stealing. Immediately I

tell Timothy to return the items and

he does. Can the building press

charges or will this end up as a ''if he

comes back we will trespass him''

case?

ALSO: can both Myself AND tim be

charged for anything or just Tim??


Asked on 5/23/09, 2:24 am

1 Answer from Attorneys
Richard Stoffels Stoffels Law Group

Re: A Designated Driver with a problem...

Theft is theft. Returning the items at a later date does not mean the theft did not occur. Yes they can issue a trespass warning against your friend. Probably against you also. If you knew of the theft and acted as a getaway driver, you might be able to be charged also. Remember, you said that you knew a few moments later that he stole property but yet you still left the scene, rather than stopping. My guess is that since alcohol was involved, no one, including yourself was completely sobor. That presents its own issues, but you didn't ask about those.

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Answered on 5/23/09, 10:11 am


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