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Main Page Accessory After the Fact?
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Posted by: NBC515

Has anybody here ever charged someone as an accessory after the fact on any type of larceny charge? I have never done it before but I am thinking of taking out a complaint against a girl (14 yoa) whose boyfriend and buddy stole a mountain bike. I gave her the chance to talk to them and have the bike returned...she said she would be obviously she did not. This bike was stolen from the landlord in the basement of her three family home and the landlord actually saw the girl and her friends in the basement where they did not belong (that is were the bike was taken from). I had one brief conversation with the girl and told her to tell her friends to return the bike (she agreed with me that she knew one of her friends took the bike but would not give me names) and have her mother contact me.... Well a day later I have a screaming mother calling me saying her daughter is a minor (and she did not commit no crime) and the law says I can not talk to her. So just wondering if anybody has any opinions or suggestions on a charge. My plan was to take out a complaint for accessory after the fact (larceny from a building and larceny over $250) for her knowingly concealing the identity of the two responsible for taking the bike. I think it may be a reach...but due to the attitude of mother & daughter I do not want to just forget about it.

Posted by: 94c

If all you have is someone who knows who did it, and is refusing to give up the names with nothing else, you might be splitting hairs.

The fact that someone refuses to give up someone's name, may not bring you to the level of harboring, concealing, or even giving aid.

By reading the law, it sounds like the person has to perform some act in helping the principal felon get away. Merely refusing to rat someone out may not be enough.

Was she there when the bike went missing? If so, she becomes a party to the crime even though she's not the one in physical possession of it.

Posted by: NBC515

I do not know if she was there with them when they took it or if she just let them into the basement again and turned a blind eye after that. There was no forced entry from the outside and according to the landlord the basement door was opened from the inside and that is the exact location where he saw them and asked them to leave. He claimed that he then went back there later and the bike was gone. I am still in doubt about actually filing the complaint as I thought it was kind of weak.

Posted by: tarc

NBC,
I would just remember the girl and her mom for future reference/encounters. I'm sure you will deal with them again. I think an accessory after the fact charge would get tossed. If you can't prove she was involved in the crime (joint venture), how can you prove an accessory charge. Remember, people don't have to talk to you. As I stated above, remember this for future reference. You'll deal with them again.

Posted by: 94c

I agree with tarc. As legally as possible I would harrass the living shit out of her. Sooner or later she is going to be seen in public with this boyfriend. Take your time. You have 6 years to solve this one.

Posted by: NBC515

There was more to the story in regards to the interview with the girl....However the landlord called me today and informed me that the daughter confessed to the mother that she helped the boyfriend take the bike because he needed something to ride... So they are in the process of returning the bike and I saved myself from filing a frivolous complaint.

Posted by: 94c

Quote:

Originally Posted by NBC515

There was more to the story in regards to the interview with the girl....However the landlord called me today and informed me that the daughter confessed to the mother that she helped the boyfriend take the bike because he needed something to ride... So they are in the process of returning the bike and I saved myself from filing a frivolous complaint.

Because of mommy's attitude, the daughter would have definitely been charged.

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