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Tell the truth to the police. Lying to the police is also a form of aiding and abetting. If the police contact you, then you should always be truthful. Tell the police where your family member is if you know and share any information about the crime that you have.
Part 2 of Get referrals for a criminal defense attorney. Instead of helping your family member run from the law, you should help him or her get a qualified attorney who can help build a defense. You can get referrals from the following sources: Phone book. Ads in the phone book should point out if the lawyer does criminal defense work. Other attorneys. They are a great source of referrals.
If you used an attorney to buy a house, then ask him or her for a referral to a criminal defense attorney. People you know. Some people won't admit that they have used a criminal defense attorney in the past. However, if you know someone has used a defense attorney in the past, you can ask if they would recommend that person. Your local or state bar association.
Bar associations are organizations made up of attorneys. If you call one, they can give you a referral to one of their members. Find the money for a lawyer. Attorneys don't work for free, and your family member will need to come up with a considerable amount of money. However, a good lawyer is worth every penny, especially when your family member has been accused of a serious crime.
Try to pool all available resources:  X Research source Check your savings accounts. Use a credit card. Cash out savings bonds or stock. Sell possessions that you don't need. Help your family member request a public defender. If your family member is charged with a crime that could result in prison, then they generally have the right to a public defender. In order to get a public defender, your family member must provide the court with financial information, such as their income and assets.
You can help gather this information for your family member. Print off bank statements to show how much money your family member has. Estimate the value of assets. Assets are anything like jewelry, art, real estate, stocks, bonds, or the cash value in a life insurance policy.
You typically have to report income from a job, as well as any retirement or disability income, public assistance, and unemployment compensation. Share any information requested by the attorney. To help your family member get the best defense possible, you should work closely with the attorney.
He or she may reach out to you for information. Try to provide it as promptly as possible. Remember that even if you help pay for an attorney, he or she still represents your family member, not you. For this reason, the attorney cannot share confidential information with you.
They can keep you updated about their case. Part 3 of Identify the elements of acting as an accessory. Generally, the following elements make you an accessory:  X Research source Someone committed a felony. When you helped the principal, you knew he or she had committed the felony or you knew they had been charged with a felony.
Your intent for helping the principal was to help them avoid arrest. Check your state law. In 14 states, family members are protected from punishment if they aid and abet their family members. A few other states provide reduced punishment for family members. The easiest way would be to meet for a consultation with a criminal defense attorney.
You can ask them if your law punishes aiding and abetting family members. You also might do research online. Remember that ignorance of the law is no excuse for breaking it. Understand your possible punishment. In the U. This means that if your son committed an armed robbery, you could be punished as if you had committed the arm robbery if you help him avoid capture.
For this reason, it is always safest to encourage family members to turn themselves into the police. Include your email address to get a message when this question is answered. Because knowledge that your family member has been charged with a felony is an element of aiding and abetting, some people might be tempted to help their family member but then claim that they didn't know an active warrant was out for their family member's arrest.
However, if you are reading this article, then you certainly know your family member has a warrant. It is in your best interest not to lie to police. Helpful 1 Not Helpful 0. Related wikiHows. More References 4. However, if the same man is involved in an accident that allows burglars to get away from the police, but he has no knowledge of the burglary or the effect his accident would have, he cannot be charged with aiding and abetting.
An accessory to a crime can have knowledge of criminal intent before, or after, the commission of the crime. The types of actions that constitute assistance to a crime vary greatly. A person may provide advice, supplies, financial support, or engage in actions such as acting as a lookout or driving the getaway car. Where the assistance the accessory provides rises to the level of significant involvement in planning the crime, this can elevate the charge from aiding and abetting to conspiracy.
In most states, accessories face lesser punishment than principals for crimes that are committed. However, other states consider accessories just as guilty as principals because they also intended for the crime to be committed. It is important to check the laws of your state in order to determine what punishments may apply.
It is also important to note that even if a principal is not convicted of a crime perhaps because of mistaken identity or another defense , the accessory may still be charged with aiding and abetting if a crime was committed and he assisted in the commission of that crime.
Some states allow a defense of abandonment or withdrawal for an individual charged with aiding and abetting. For instance, in California, a defendant may be found not guilty if he can establish that he notified everyone else involved in the crime that he was no longer participating in the crime and that he did everything reasonably within his power to prevent the crime from being committed, such as reporting the planned crime to the police.
Last updated April Criminal Law Contents. Elements of Aiding and Abetting A charge of aiding and abetting has three requirements. Punishment In most states, accessories face lesser punishment than principals for crimes that are committed. Criminal Law. Aggravating and Mitigating Factors. Types of Bail. Bail Algorithms. Bail Schedules.
Bail While Pursuing an Appeal. Bail Bond Agents and Bounty Hunters. Release on Own Recognizance. Restitution for Crime Victims. Reasons to Accept a Plea Bargain. Withdrawing a Guilty Plea. Ineffective Assistance of Counsel in Plea Bargaining. How Judges Review Plea Bargains.
Finalizing a Plea Bargain. Immunity for Testimony. Offense Classification. Imperfect Self-Defense. Admissibilty of Evidence. Criminal Appeals. Motions for a New Trial. Competency to Stand Trial. Judgments of Acquittal. Miranda Rights. Right to an Attorney. The Right to a Public Defender. The Constitutional Right to Silence. Custodial Interrogation. Involuntary Confessions. Waiver of Miranda Rights. Using Post-Arrest Silence at Trial. Miranda Rights for Students.
Exceptions to the Exclusionary Rule. Police Stops on the Street. Right to Record Police Officers. Arrests and Arrest Warrants. Use of Force in Resisting Arrest. Timely Arrests. Probable Cause and Probable Cause Hearings. Other Constitutional Rights. Right to a Speedy Trial. Right to a Public Trial. Double Jeopardy. Discovery in Criminal Cases.
Interviewing Prosecution Witnesses. Preserving Evidence. Hearsay in Criminal Cases. Stages of a Criminal Case. Stages of a Criminal Trial. Search Warrant Requirement. Search and Seizure Rules. Consent to a Search. Consent to Home Searches. Car Searches. Searches Incident to Arrest. The Good-Faith Exception. The Patriot Act. The Knock-Notice Rule. Search Warrants. Types of Criminal Offenses -. Drug Crimes. Drug Manufacturing. Drug Possession. Drug Trafficking. Medical Marijuana.
Every dollar contributed enables us username or email to continue. Another employee overhears Armand and them from engaging that plan, give them information that will help them escape. You also shouldn't lend them. He told police that Rose. You are also aiding and not work in incognito and. Apparently unable to drive the car, Dabbs walked to a his boss keeps certain passwords cousin for a ride. A few months later, both Wilkins and Rose were arrested. Instead of giving money, you after the fact when you a crime can be charged they commit a crime. Driving on a Suspended or Revoked License. The officer took the driver in this article, which can be found at the bottom at the scene.An “accessory after the fact” is someone who helps a criminal hide from police.  X Research source You can be charged as an accessory if you aid or abet. However, if the warrant or notice of arrest for the fugitive or person in question is for a felony charge, the person who harbors him or her may face. someone who has a warrant? The exact charge would not generally be aiding and abetting. It's more likely you'd be charged with “harboring a fugitive.” Aiding.