« on: September 06, 2006, 04:33:16 AM »
IANALY, but I'd call a good criminal defense attorney NOW. My almost fully ignorant take is that the burglary and forgery charges (assuming they are for the acts I think they are) should not be difficult to beat. Attempted theft is I presume for the cash he was trying to get with the money orders. Since he didn't know they were stolen, he presumably lacks intent to commit the crime. Not having taken criminal law yet, I'm unsure if intent is one of the elements or that crime or not.
My second piece of advice is to make sure that you preserve the evidence that backs up your friend's brother story - the data from his cell phone, the myspace forum ad, and especially identify anyone he talked to (friends, acquiantances) that he told that yeah, somebody responded to the ad and is going to buy his rims.
Good luck - let us know what he actual lawyer tells him to do.