Legal Question in Criminal Law in Washington

son getting convicted when he didnt do the damage

My son is 17 and has 4 juvenile points. He and a friend went to my sons girlfriends house and while there the the friend took a baseball bat and broke a boys car windows out, then left the scene, leaving my son behind. He is currently in juvenile justice center awaiting trial, he pled not guilty since he did not break the windows. My question is this - his lawyer is saying my son has only a 10% chance of being found not guilty and should plead to mal misch 2, sentence 15-36 weeks, since he is just as guilty by association. Can this be right? The other boy has no record and is saying my son broke the windows, but my son has 3 witnesses saying the other boy did it.


Asked on 12/30/05, 1:22 pm

1 Answer from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Re: son getting convicted when he didnt do the damage

First, you cannot obtain a thorough evaluation, or fair opinion of your current attorney's assessment, of your son's case on the internet.

Your son could be liable as an accomplice, depending on his participation in the planning and commission of the offense. If he had no part in the crime whatsoever, he should not be held responsible.

Examples of evidence supporting accomplice liability are any of the following: suggesting the other boy commit the act, handing the bat to the other boy, encouraging the other to commit the act, being present and helping the other in any way before, during or after the act. (These are also examples of solicitation).

An accomplice faces the same consequences as the principal.

If you are convinced that your son is innocent, but his lawyer is not, you should ask the lawyer to explain and support his or her opinion. If you are unsatisfied with the response, you should retain new counsel, if for no other reason than a second opinion.

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Answered on 12/30/05, 5:49 pm


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