Legal Question in Criminal Law in New York

Aiding and Abedding

My son-in-law was arrested for Grand Larceny in the Third Degree in Oct. 2006. He was accused of stealing $26,000 from an ATM machine. At the time of his arrest, he stated his wife, my daughter knew nothing about it and was not involved in any way. He gave her some amounts of the money which she used to pay bills. He told her they were bonuses received from work which she believed. She was never questioned by the police or anyone. She has recently started divorce proceedings against him and he has been served his papers. Sentencing for the criminal charges is Nov. 19, 2007. He is now angry about the divorce and is threatening to change his story one year later and say his wife knew of the theft and is guilty of aiding and abedding so that she will be responsible for 1/2 of the restitution required by court. Is it possible they could come after my daughter and question and/or charge her with any crime because he is now changing his statement? She is also filing harassment charges against him and is asking for a restraining order as he is becoming more and more threatening to her as his sentencing day approaches. Will the court allow his change in statement and reinvestigate the case?


Asked on 10/20/07, 6:03 pm

1 Answer from Attorneys
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: Aiding and Abedding

It seems unlikely, that a year later with a motive to lie and an original statement claiming the opposite position, that the police or prosecutor would pursue charges against your daughter BUT BUT BUT it is not impossible. Advise her not to speak to anyone of the incidents until she speaks to/retains an attorney with a concentration in criminal law.

Read more
Answered on 10/20/07, 9:46 pm


Related Questions & Answers

More Criminal Law questions and answers in New York