What is an Accessory Before the Fact?
An accessory before the fact is person who assists, aids, incites, abets, or encourages another person in the commission of a crime. The person does not need to be present at the crime to be considered an accessory before the fact.
An case of being an accessory before the fact might be giving a person the tools necessary to burglarize another person ’ s home or a business. Another exemplar would be giving person the keys to a car to use in a robbery.
What is an Accessory After the Fact?
An accessory after the fact is defined as person who knows that a crime has been committed gives aid, shelter, or aid to the person to avoid arrest or punishment. The aid could be fiscal, but it could besides be emotional support or material aid. An case of being an accessary after the fact would be withholding data from the police that could be used to arrest or convict the person who committed the crime. Another model might be a person who helps “ clean up ” after a crime was committed by disposing of testify. Driving a person away from a crime setting could besides be considered an accessary after the fact.
Proving That a Person is an Accessory to a Crime
The prosecution must prove that the person knew that the crime was going to be committed or the crime had been committed. then the submit must prove that the person acted with intent to assist the person in committing the crime ( accessory before the fact ) or acted with the captive to cover up the crime or help the person escape ( accessory after the fact ). Proving that a person knew about the crime can be challenging. evidence that could be used to prove a person knew about the crime might include statements to the police, written communications, recordings of conversations, and eyewitness testimony.
Defenses to Being an Accessory to a Crime
respective defenses might apply when a person is charged as an accessory to a crime. You could argue that no crime was committed ; therefore, you can not be an accessory to the crime. You could besides argue that you did not know about the crime either before or after the person committed the crime. even though you allowed a person to stay in your home, discard of an token for the person, or drove the person somewhere, you could not be an accessary if you did not know a crime was being committed.
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Your actions could have been unintentional. You did not intend to the person in the commission or coverup of a crime. A lack of purpose can be an effective defense to accessory charges. Threats of violence or duress might besides be a refutation to accessory charges. If you can prove that the person who committed the crime threatened to harm you or your family member, the court might find that you lacked the captive to be an accessory.
What Should You Do if You Are Charged as an Accessory to a Crime?
Do not answer questions or make a affirmation. State that you are evoking your right field to remain silent and that you want to talk to a criminal defense lawyer. Trying to explain why you did the things you did will not make the police believe you are innocent. In most cases, people who talk to the patrol without an lawyer salute make matters worse for themselves. When you are released from custody, do not contact the person accused of committing the crime. Do not talk to anyone about the crime or the charges against you except for your criminal lawyer. Anything you say to anyone could be used against you in motor hotel. rather, work with your lawyer to gather tell that supports one or more of the defenses to accessory charges. Your lawyer may give you extra instructions. The best means you can help yourself is to listen to your lawyer and follow his instructions.
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Your lawyer is working to develop a defense strategy that gives you the best opportunity of a convinced consequence in your criminal event. Do not make his speculate more unmanageable by refusing to follow his advice. For more data, contact the condemnable defense attorneys at Suhre & Associates, LLC give us a call today at ( 513 ) 333-0014 or visit us at our Cincinnati Law Office. Suhre & Associates, LLC – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
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