Law School Discussion

Friend in trouble, needs legal advice.

Friend in trouble, needs legal advice.
« on: September 06, 2006, 12:51:44 AM »
   Hi guys, I'm new here and I'm planning to go to law school. I have a friend whose brother got into some real trouble last week. His brother was on a myspace forum and he had posted an ad for his rims. He had his phone number posted on the ad also.
   So some random guy calls his phone number and asks to arrange for a place to pay for the rims with a money order. The random guy calls from two different phone numbers. They arrange to meet up and my friend's brother gets a money order for the rims. When my friend's brother cashes the money order, he gets arrested. It turns out the money order was stolen.
   Afterwards, he got hit with three counts. Burglary with intent to commit felony, forgery, and attempted theft. Now he's wondering how likely his brother can beat these charges and prove his innocence. He has different phone numbers to his cell, but he doesn't know if they are the person's real numbers. There was nobody there who witnesses the exchange of the money orders for the rims. Does he have a good chance of beating this case? Also, what would you guys recommend?

Also, he just turned 21 and he's in Las Vegas if that helps.

Re: Friend in trouble, needs legal advice.
« Reply #1 on: September 06, 2006, 01:24:04 AM »
I'd recommend he get a lawyer...not ask law students.


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Re: Friend in trouble, needs legal advice.
« Reply #2 on: September 06, 2006, 01:33:16 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.