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Tips and Warnings. Related Articles. Co-authored by Clinton M. Part 1 of Avoid hiding your family member. You act as an accessory after the fact when you hide a family member after they commit a crime. Refuse to handle stolen goods. You are also aiding and abetting your family member when you hide stolen goods. Decline to hide weapons or anything used in a crime. It is also illegal to destroy any evidence of the crime, such as weapons or communications.
Avoid giving your family member money. If your family member has an active warrant, then you shouldn't give him or her money. Money can be spent on anything and can be used to buy a bus ticket out of town. You also shouldn't lend them property. Don't let a family member with an active warrant borrow your car. Instead of giving money, you should encourage your family member to go to the police and surrender.
This may be difficult for you to do. Nevertheless, your family member faces a lifetime of running from the police if they don't turn themselves in. It is better to face the consequences directly. Don't share information with your family member. You also aid and abet a family member if you give them information that will help them escape. For example, if your child is on the run, then you aid and abet them by calling them and telling them where the police are looking.
You should avoid any contact with a family member who has an active arrest warrant. If they call, tell them to turn themselves in. 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. In , the law was done away with, and replaced with a more modern statute, now found in 18 U. Section The changes primarily include modernization of language and grammatical style.
Specifically, the updated definition under the law reads:. The statute was once again updated in , at which time 18 U. Section became 18 U. Section 2 a. This updated law makes it clear that someone who aids and abets the commission of a crime will be punished as though he or she did commit the crime.
To convict someone of aiding and abetting a crime, the prosecutor must prove certain elements. In a federal case, those elements include:. To gain a conviction, a jury must be convinced that the elements of aiding and abetting are present, beyond a reasonable doubt. In truth, once the prosecution establishes that the defendant knew about the crime, or the unlawful purpose of some element, it has made sufficient connection for the jury to convict.
Both aiding and abetting, and acting as an accessory to a crime, are illegal acts. Specific laws regarding these actions vary by jurisdiction , and the definitions overlap in some ways, leading to their interchangeable use. There are differences between aiding and abetting, and accessory, however.
To be convicted of this type of crime, however, the prosecution must prove that the accomplice knew that a crime was being, or had been, committed by the principal. The primary difference between aiding and abetting or being an accessory to a crime and a conspiracy is whether or not the crime was actually committed. While the former are charges imposed after the crime has been committed — naming a third party who helped in some way to facilitate or cover up the crime — someone can be charged with conspiracy , even if the crime never happened.
This is not to say that anyone who daydreams up a crime can be charged with conspiracy. If, however, two or more people collaborate on how to commit a specific crime, coming up with plans to carry it out, they have conspired to commit that crime. Should something happen to prevent them from engaging that plan, they still have committed the crime of conspiracy.
Armand, an executive assistant at a finance firm, knows that his boss keeps certain passwords and login information in a notebook in his desk drawer. He befriends Letti, who he knows has no problem doing things that are morally questionable. Another employee overhears Armand and Letti talking over lunch on the patio, and mentions it to management, who calls the police. A quiet investigation ensued, with police interviewing witnesses, and viewing surveillance video of the pair talking frequently.
Both Armand and Letti are then taken into custody, and charged with conspiracy to commit the crime — even though the actual crime was never completed. One of the men, Daniel Wilkins, was mocking the other, Donald Rose, saying he had not proven himself as a gang member. As Rose headed into an area controlled by two Blood gangs enemies of the East Coast Crips , a California Highway Patrol officer pulled over a car that was both speeding and driving recklessly. The officer took the driver of the car to jail, leaving the passenger William Dabbs at the scene.
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