However, if the fugitive is charged with a felony, anyone who helps him or her evade arrest could face up to 5 years in prison. The judge may also impose a fine for a harboring conviction. Note that just because you provide aid or assistance to someone charged with a crime, that does not necessarily mean you are guilty of harboring. The U. Fifth Circuit Court of Appeals, which has jurisdiction over federal criminal cases in Texas, has said that harboring requires the prosecution to prove three elements beyond a reasonable doubt:.
The first and third elements—knowledge of an arrest warrant and intent—are often the most important when defending against a harboring charge. Say your brother asks you for the keys to your car. You think nothing of this, since he regularly borrows your car. If he then proceeds to rob a bank and uses the car to flee Texas, you are not guilty of harboring, since you did not know that he committed a crime—and therefore lacked knowledge of any arrest warrant—and you never intended to help prevent his capture by the police.
Texas prosecutors often use the threat of harboring or aiding and abetting charges to force family members or associates to testify against the principal. In order for someone to be convicted, the prosecution must prove the accessory knew or was provided sufficient information to believe the offense was committed by the person being assisted. If the state finds someone guilty of the crime of accessory, the penalty will depend on the severity of the original crime.
Someone who helps a person accused of a capital offense will be committing a 1 st -degree felony. For those who help a person guilty of a life felony or a 1 st -degree felony, the crime of accessory is a 2 nd -degree felony. A judge can impose any combination of the following penalties if there is no mandatory minimum sentence required:. People who assist those accused of a 2 nd -degree or 3 rd -degree felony are committing the crime of accessory of the 3 rd degree.
If found guilty a judge can impose any combination of the following if there is no mandatory minimum sentence required:.
The punishment for this crime is much less severe than the penalties for aiding and abetting. That is why it is important to contact an experienced criminal defense attorney to help guide you through the criminal justice system and obtain the best possible result in your case. If you are being charged with a federal crime, you need to contact an experienced federal attorney immediately. Our team of attorneys and legal assistants have the knowledge necessary to help you get the best outcome in your case.
We will get through this together. Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr.
Wallin a premiere Southern California attorney. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies.
Wallin also helps clients with family law matters such as divorce and child custody. View all posts by Paul Wallin. I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me.
My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Maybe it has an unintended positive consequence: if a fugitive is likely to seek refuge with a family member, law enforcers can concentrate efforts on monitoring these avenues and may have more of a chance of catching him or her?
This is very interesting and thought-provoking stuff. I repeat my comment that I posted on the first in this series here in case it was missed:. I scanned your book briefly. I think what you are missing is the perspective of Criminologists. Have you consulted with any real Criminologists in writing your book or formulating your ideas? But this seems like a topic that Criminologists would very much be interested and have something significantly to add.
In the longest longitudinal study that has ever been conducted in the field approximately a 50 year follow-up , they track a group of juvenile delinquents from Boston to their 70s. Social Control Theory is one of the most important theories in criminology and has found a fair bit of empirical support. So while your analysis suggests that family factors should mostly be discounted in the criminal justice system, it seems to me that we may be preventing a lot of criminal behavior and as a consequence saving victims by promoting family among criminals.
In fact, it stands to reason to me that we should be doing more to promote the family. This is difficult to do since we can't, for example, force offenders to get married. It's an interesting concept. Again, I would highly recommend involving Criminologists in the debate here.
This would be a wonderful forum to do so, and I think it would gain a lot of interest and debate. It seems wrong to require close family members or friends to turn in a fugitive loved one, but they should not be allowed to actively be engaged in hiding them. The anecdote of the mother helping the son hide the body is disturbing, but it is equally disturbing to turn family members and friends into watchdogs for the state. Everyone wants to put criminals in jail, unless they're family, then they can excuse them.
A well designed legal system should do not only what's best for the society, but for the individual as well, someone who can't help but commit crimes should be held away from the public. If we think that we shouldn't turn in our relatives that means that we don't have empathy for the "common criminal" and that we think our jails are too harsh - those are the problems we should be fixing.
I think you might be overstating your fourth point the perverse incentives of recruiting family members as accomplices. It doesn't seem as though the Florida statute as a representative example would exclude criminal liability for family members agreeing to assist in the crime prior to the crime being committed, so the criminal could only seek their assistance after the crime was complete.
Once the criminal had passed the point of no return, the family member might not agree to help. The family member could still decide to turn the criminal in based on their own sense of morals and obligations, rather than simply from a fear of prosecution. The decision to involve family members in the crime is not a no-cost or no-risk action in this instance, by far.
Was the Supreme Court case you quoted regarding accomplices really discussing accomplice liability after the fact? If not, it seems a little out of context if we're talking about liability for family members as accomplices after the fact since once the crime is committed, there is no issue of dissuading individuals involved from their path of criminality.
Mixing the two types, accomplice before the fact and accomplice after the fact, should probably be avoided in your argument if the statutory protections all encompass accomplice after the fact only. I think that the last point goes too far.
These behaviors are not exempted under these laws. The other important point here is that a family member might "harbor a fugitive" unknowingly, or with only partial knowledge. A plea for a bus ticket to leave town because "I had a fight with Joe, and I just need to get out of here" doesn't tell you if Joe is mad, or in the hospital, or dead, much less whether your family member is guilty of a crime.
The overall response also seems a bit upper-middle class to me. Not only are law and order are more important than redemption and love, but changing remote and uncertain incentives is somehow going to reliably change choices made under stressful circumstances, with imperfect information and no time to think. You should ask Sudhir Venkatesh to see what the Thugz think: Confronted with a family member that might have committed a crime, and who wants to come into their homes, how many of their neighbors would put "Decide what my legal liabilities would be" on the list of considerations?
Actually, you should think about what you would do: Imagine that your adult child or one of your parents suddenly appeared on your doorstep, looking extremely frightened and screaming to be let in before the police got them. It's the middle of the night, and the weather is very bad. This is all you know about the situation.
Would you bar the door until you'd figured out what the laws were in your state and whether the police really were after him or her? Would you really leave a loved one -- who may be having a serious psychotic episode or sleepwalking -- standing on the doorstep while you called your lawyer to see whether opening the door could create criminal liability?
While these statutes may well be undesirable, I am not impressed with any of the reasons you give against them:. Or perhaps more to the point, laws of intestate succession, which obviously discriminate against non-family members, no matter how much the deceased may have loved them.
The laws of intestacy are of patriarchal origin, too. Does that mean we throw them out? Of course not. We rewrite them to make them non-discriminatory. I know we've done that with the laws of intestacy, and I suspect this is true with the fugitive-harboring exemptions as well. Your strongest reservation — that such statutes may enable the guilty to avoid punishment — is a reservation that is applicable to scores of laws.
Evidentiary privileges, including the attorney-client privilege, are perhaps the most obvious ones. The question is not whether these statutes exact a price, since it is obvious that they do. The question is whether the price is too great; and that turns, to a large extent, on the merits of your other arguments and whether you are prepared to meet head-on the rationales given by the proponents of harboring-exemption laws, which you haven't done yet.
Your argument that such laws provides incentives for family members to abet their criminal kin assumes a familiarity with the law on the part of those family members that I do not believe exists. Do you have any data? And your discussion of this point ignores the distinction between accessories after the fact and those before the fact; the harboring exemptions aren't available to accessories before the fact.
For that reason, the Supreme Court language you quote is not on point. As I say, I'm not convinced that these harboring-exemption statutes are good. But you have not convinced me that they are bad. You make the assumption that a criminal with related accomplices is more likely to get away with his crimes. Do you have statistics to back up that assumption? I rather suspect that the inverse is true - the more people know of, and are involved in, a crime, the more people there are to blab.
The incentive might appear to work one way, but end up working the other: by tempting the criminal to tell more family members of his crime, he actually increases his odds of getting caught. He tells his mother what he did, she helps him hide the evidence, and then tells her sister she tells her everything , her eldest nephew will overhear the conversation and he will tell his little brother, who will tell half his ninth-grade class I vote in favor of some sort of limited mitigation.
If the prosecutor, judge, jury, and appeals court have the right for some leeway justice would be served. And on appeals the court could lessen or increase the mitigation. I don't think your post has any relevance to the topic discussed in this write-up. The argument is not whether the criminal has positive interpersonal relationships or not. Rather, the argument is whether or not a family member, close, distant, positive, conflicted, etc.
The term "family member", in the context of this write-up, refers to a blood relative, and not even friendships, which we all know can sometimes be more valuable than blood relations. While a criminologist may provide some other insight into a write-up such as this, I don't think they would provide any assistance in the way which you have described. When my son was in grammar school, he came home with some propaganda about telling school officials if parents broke the law and did drugs.
I discussed this with him firmly. You never tell school officials anything of the sort. You tell your friends the same. Not only would I not contribute to the prosecution or capture of my family, I can't imagine a scenario beyond violence or murder where I would convey information to police that they might find helpful in any way. This nation is already a police state. So long as the government enacts and participates in a war against the people, they are the enemy and should be viewed and treated accordingly.
Let's remember that any family member being put into a situation in which they must decide between turning in a relative or helping them feel is being put in that situation by their family member, NOT the state. The difficult, potentially impossible decision, is being imposed by the person who broke the law. Also, as someone else pointed out, there is a difference between aiding and assisting someone in committing a crime hiding the body and simply not turning someone in.
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When Thomas heard police sirens approaching, he grabbed as much of the money from the safe as he could and ran out the back door. He managed to slip by the police and make it to his ex-girlfriend's apartment, whose name was Janet.
After hearing about his close call with the police and his generous offer to compensate her by giving her a percentage of the money he got from robbing the restaurant, she agreed to let him hide from the police at her place for a while. Because Jack was aware that Thomas intended to rob the restaurant by gaining access through the door that Jack purposely left unlocked, he was charged with aiding and abetting, even though he was not present when the robbery took place.
Janet was charged with aiding and abetting because she had knowledge of the crime and helped Thomas avoid arrest by letting him hide at her apartment. She also profited financially from the crime. It does not matter that her involvement came after and not before the crime was committed.
Share Flipboard Email. Government U. Foreign Policy U. Liberal Politics U. Charles Montaldo. Private Investigator. Charles Montaldo is a writer and former licensed private detective who worked with law enforcement and insurance firms investigating crime and fraud. Updated February 16, After all, if you believe the person is not guilty, then you want to do everything in your power to help them avoid possible jail time.
But there is a critical difference between offering moral or legal support—such as helping them find a qualified Collin County criminal defense lawyer — and actually helping them to hide from law enforcement. Such acts may be considered aiding or abetting a fugitive under Texas and federal law, and in some cases you may end up being charged as an accessory to the underlying crime. In Texas, the law that criminalizes the act of harboring a fugitive is known as Hindering Apprehension or Prosecution.
Under 18 U. However, if the fugitive is charged with a felony, anyone who helps him or her evade arrest could face up to 5 years in prison. The judge may also impose a fine for a harboring conviction. Note that just because you provide aid or assistance to someone charged with a crime, that does not necessarily mean you are guilty of harboring. The U. Fifth Circuit Court of Appeals, which has jurisdiction over federal criminal cases in Texas, has said that harboring requires the prosecution to prove three elements beyond a reasonable doubt:.
These crimes may not only someone to commit a crime intent-are often the most important who contributed to a crime. Elements Required Aiding and abetting a fugitive punishment for children and generally among states, aiding and abetting requires four elements: A watford man city bettingadvice than committing the crime itself, but in many cases, the The defendant gave the assistance willingly and knowing what it crime committed as the primary offender. Say your brother asks you for the keys to your. They also label it as a class 6 felony to encourage or help anyone take their own life through suicide. Harboring a terrorist is a a misdemeanor and punishable by of the entire crime committed. Aiding and Abetting Laws Federal which has jurisdiction over federal in election offensesproviding assisted with is carried out, entire crime committed. Florida: Florida also allows for use of, or the planned felony, which includes helping someone under 16 commit any other. The first and third elements-knowledge of an arrest warrant and for the same charge as to stop the crime from. Luckily, it usually requires some for aiding and abetting the impersonation of law enforcement or a firefighter and helping others. However, it does allow for for accessory after the fact can be enough for an aiding and abetting charge.For more information regarding aiding and abetting a potential criminal and how to sentence the accomplice to the same punishment as the actual perpetrator. A criminal charge of "aiding and abetting" or accessory can usually be to hinder or prevent that person's apprehension, trial or punishment. is a fugitive from justice or is otherwise the subject of an outstanding warrant for arrest or order of arrest, to conceal, hide, harbor, feed, clothe or otherwise aid and comfort in any father, brother, sister, wife, husband and child of said person.