Chances of charge being dismissed??? Please HELP!?

Question

I was arrested the other night because i was with 3 other people, 2 of which opened up a brand new car on a trailer and sat inside and took 2 headphones and a headrest, i did not do anything as i was coming from behind and when i got there we left, further down the road we were arrested and i was presumed guilty by association. I am on probation and i would not break and enter into a vehicle, when i go to court all of the other 3 individuals are going to say i did not do anything and that i was simply walking back with them after the fact. DO you think the DA will drop the charge against me? The other 3 have no records but unfortunately Im on probation.... What are my options as far as probaton if it doesnt get dropped...?? Thank you in advance for your answers

Answer 1

You weren't "presumed guilty by association." You were with a group of people who possessed stolen property, and arrested on that basis.

Assuming everything you say is true, and assuming your friends knew you are on probation, they ALREADY screwed you. I wouldn't put a helluva lot of faith in them. Now imagine a scenario where they're offered a deal whereby THEIR charges will be dropped (and they get to keep their "clean" records) in exchange for agreeing that YOU where the one who stole the property.

And even if they DON'T drop a dime on you, assuming everything you said was true, and especially if you're on probation for some sort of property crime, I very much doubt that the charges will be dropped.

Answer 2

IF your friends actually make statements or testify that you were not aware of their crime, then you have a fine shot of dismissal without trial.  However, even though they say they will, their own lawyers are going to advise them to shut up and say nothing to anyone.  They will be advised NOT to testify at a preliminary hearing.  So, the chances of getting dismissal before trial are quite slim.  If you stand trial, then the evidence will allow the conclusion that you were aiding and abetting by acting as a lookout,  Therefore, in order to rebut that, you would have to testify and in so doing you would d**n your friends.  If the jury believes you, you should be acquitted and your probation should not be revoked (unless simply being at that place with those folks was itself a violation).