Originally Posted by
qsquare
Can you be found guilty of car prowling (WA state) if you did not participate? My son has just been charged with car prowling in the 2nd degree. He was with two boys who decided they would start looking in other vehicles to see if there was anything interesting. My son stated to them he wanted no part of it and stayed in the car. Someone called the police and they said they saw 3 boys looking in cars. The two boys told the police my son had nothing to do with it and did not participate. One even signed a sworn statement to that effect. The police released my son to me while the other two boys were in the back of a police car. Now they have charged my son with this crime???? Anybody know if they can do this? Thanks
Whether he's found guilty or not will depend on the proof - who is more believable, your son and his friends OR the witness or witnesses. Many factors will be involved in testimony from both sides, things like lighting and descriptive information given at the time the call was made.
From reading the law it appears that he could be charged with the offense if it is believed he did not participate in looking in the cars but was the look out, not necessarily standing with the other two.
As far as can they charge him I would assume they can because they have.
