So the police suspect my friend of kicking in a door which he may or may not have done. The friend in question suggested he might have wanted to do it to 2 friends. One friend was a piece of shit and told the cops that and they investigated the other friend well call him friend #2.
My friend left a foot print on the door and the shoes that may or may not have been used may or may not have been thrown out. The first friend told him that friend #2 had his house searched for the pair of shoes. The cops came and talked to him about the incident then left and continued to call him to come in for investigation.
My friend was driving today and noticed a cop car in friend #2s driveway, watched the window and noticed the cop drive off.
How fucked is my friend without any real evidence just suspicion? Wouldn't they have arrested my friend by now if they were going to?
>>17348056
It's all hearsay and circumstantial until they find the shoes or other evidence (witness, video, etc) linking him to the crime.
Just tell your friend not to answer any questions without an attorney, this does not prove his guilt, but proves he is aware of his rights.
Your friend may still be charged by "suggesting" he would do it, and then it happening. That gives reasonable suspicion, and a judge/jury may be convict him on that alone.
I would suggest your friend account for his whereabouts during the time-frame that this occurred; and provide reasonable evidence or witnesses to successfully prove his alibi; that's if he is questioned (with an attorney present) or charged with a crime.
Your friend should be aware though, that bringing others into the fold may (if his alibi is found to be false) result in additional charges, such as conspiracy, tampering, and obstruction.
Your friend likely has not been arrested yet because it's just a police investigation. Once a prosecutor is handed the results of the investigation, he/she will determine to pursue the case or not.
Source: law student
>>17348097
Agreed, case seems thin as long as he doesn't do something stupid like talk to the police. All he has to do is take it easy and if he is arrested ask for a lawyer and nothing else.
>>17348097
What if he spent the night with a friend that night out of town but they saw him do it?
>>17348056
Law student again ..
I forgot to mention, if your friend "suggested" he was going to do this, in person, that's one thing. If your friend said these things over any device where the communications can be accessed, such as text, then your friend should seek an attorney as soon as possible.
Depending on the damage to the door, the charges could be brought down to something small, like destruction of property, which can also be a felony. The worst possible outcome in this scenario is your friend being uncooperative with the police/da and they bring felony charges of breaking and entering against him.
I don't know the details of the case, so this is all just different scenarios but kicking in a door is a big deal, regardless of his intent.
If you can provide more details, that'd help.
>>17348126
>he spent the night with a friend out of town but they saw him do it
What do you mean?
He spent the night out of town with someone, and the person he was staying with saw him do it? Or there are other witnesses that saw him do it?
If he spent the night out of town with a friend, and they provide an alibi without proving where they both were at the time, say the movies or a receipt from wal-mart on his credit card, or video, they may both be charged with conspiracy to commit a felony if there are witnesses that attest to your friend committing the crime.
If you friend can provide a solid alibi, with receipts out of town, etc., being on camera at wal-mart, etc. then he should be fine.
The DA could bust any false alibi up by charging them both and having one person testify against the other.
>>17348137
Wait they'd charge him with a felony for not cooperating or would regardless? I know he texted the guy before it happened and he never answered so he went to his house to see if he was there and when it was empty he kicked in the door to go inside and then stole nothing
The discussion was in person rather than texts but the conversation going on wasn't even about that. There were a few people talking about wanting to do it to someone else's house and he never talked about it he did mention it on a prior occasion to what the police believe
>>17348157
The guy he spent the night with saw him and they don't really have prove that they hung out
>>17348158
No, he doesn't have to cooperate, but the law will not be lenient if he doesn't.
Whoever gets charged with this, either way, is getting a felony charge. There is no question.
If he threatened to beat someone up and go kick in their door to do it, he will be charged with Burglary. If he kicked it in just to kick it in, he will be charged with Breaking and Entering.
Regardless if he stole anything, burglary is breaking and entering with the intent to commit a crime.
I honestly don't know the details of the case and if you gave me like a full on post with as much detail as possible, I could just provide some insight. Either way, I'm just speculating.
>>17348174
Don't charges only get dropped by the judge and court though? Like cooperating with the police doesn't give you any leniency I thought they just offered that bull shit as a scam to get people to confess
Don't they need at least one piece of evidence to do anything? What if he told police the kids saying he did it are actually the ones that did it and are trying to blame him to avoid police attention
>>17348056
May or may not this friend be of a darker variety of skin tone?
>>17348184
No, charges can be dropped/added by the prosecuting attorney at any time; any leniency is given by the judge based on the actions of your friend. If he was uncooperative and this went to trial and was convicted, he'd get the book tossed at him for wasting public resources.
They don't need any evidence if the friend said he was going to do it and someone is willing to testify to that effect.
>>17348249
Will they force the people to testify?
Would it be okay to just tell the cops he doesn't wish to make any statements without a lawyer and simply can't afford one or is that not cooperating?
>>17348258
He could tell them that, and they will provide him one at his initial appearance if he can't afford one and is arrested.
They can force people to testify, yes. You either show up after you are subpoena'd or go to jail.
>>17348272
Well all they said was questioning. First they said an investigator would call them, and then never did, and then the police just harassed him via phone calls.
Couldn't he turn around and say the co defendant was actually the person talking about doing it and they are trying to frame him?
>>17348281
What do you mean harassed him by phone calls?
Can you just give a run-down of all of this, from the start to finish ... using the person A, B, C format like you started with .. right now we're just speculating on IF's and it's counterproductive because I don't know all of the details.. It sounds like 3 people are involved, and you are telling the story? How do you fit in to all of this?
>>17348290
They keep calling his phone and asking him to come down for questioning
Person A supposedly kicked in a door. The police went to person C and he told them person A talked about it. I'm not sure how but they went to person B and checked his house for the shoes at the scene and found nothing. They talked to person A but they never searched his house. The cops told person B that they thought he did it with person A. The cops keep calling person A asking to come down to the station for questions for person A can't afford a lawyer and isn't officially arrested. They showed up again at person A's house and left a card with their number on it
>>17348300
Ready for some advice from someone who spent a decade doing some pretty serious criminal shit but has no record of convictions, no charges, and only one arrest?
NEVER speak to the police without a lawyer. They are allowed to lie and mislead, they do not want to clear anything up, their job is to close cases. If they want to speak with you, you're how they want to close a case.
Don't talk to the cops. Even if you're arrested, get a lawyer. Get a shitty public defender if you have to. Don't talk to the fucking police.
>>17348300
Okay. That's better.
Person A does not have to answer his phone or help them in their investigation in any way. A does not have to go to the station unless he is arrested and charged, but person A would be considered uncooperative.
If the police told B they think he did it with A, that gives very little reason for person A to be cooperative.
If A told C he was going to do it, and person A did it, person C becomes a material witness and can be forced to testify against A. C can not invoke any "5th" amendment right, as that is reserved for self-incrimination.
Person A, however, does not even have to testify. It's best for person A to continue on his path of giving zero fucks until he is assigned an attorney if he is ever charged.
>>17348326
What if I'm not actually arrested but they want to talk? I can't get a lawyer for that without paying hundreds
>>17348334
Would it be cooperating if I told them I didn't want to make any statements just because I don't want to be involved or is that still being uncooperative?
>>17348338
If you're not arrested and not subject to a summons you're not required to talk. They'll make noise, they might threaten, but you need to be firm and polite. Ask if you are free to go if they confront you in person. Tell them you do not want them to contact you further. Block their number if you want to, you have no legal obligation to speak with them.
If you are arrested, you're going to need to pony up the cash. I'd have a lawyer's card in my wallet if I were you, just to be on the safe side. You'd be amazed how often cops with nothing will cave once a lawyer walks in the room.
>>17348342
You don't need to care if you're being cooperative or not. Cooperation is for after you're charged and looking for a plea deal. Don't discuss, don't deny, don't say anything other than "please do not contact me again" if they're calling you, "am I free to go" if they approach you in person, or "I would like to invoke my right to an attorney and refuse to be questioned without them present" if you're arrested. That should be the whole of your interaction with the police unless your lawyer advises otherwise. Write it down on a note card so you can read it if you have to.
The police are going to threaten, intimate, cajole, and otherwise convince you to act in opposition to your interests. Talking to them only creates the possibility of you incriminating yourself and they know it. SHUT YOUR MOUTH.
>>17348350
Well I mean I can get a free lawyer once I'm arrested and I just want to know how I can be cooperative while still not answering questions
>>17348361
You can't be. Cooperation is for complaining witnesses and people getting a plea deal. You have no reason to be cooperative. Yes, the police might get mad. The police being happy means the police charging you. Thats the relationship here.
I had a cop swear he would try to ruin my life if I didn't cooperate once. I still asked for my lawyer. He followed me on and off for a month, then nothing.
Anon, you need legal advice not 4chan. Are you in USA? Canada? If so, give me a means to email you, I'll send you to a good online legal resource.
>>17348374
It's been 2 months since this happened
>>17348350
How do you know once the cops caved?
>>17348097
Is reasonable suspicion enough? I thought it had to be proved without a reasonable doubt
>>17348056
I can't make sense of your story through all the SWIM shit but DENY EVERYTHING AND LAWYER UP.
If they're asking and not cuffing, they don't have shit and they're waiting for YOU to HANG YOURSELF.
just say he didndu nuffin
