Legal Question in Criminal Law in California

My brother-in-law has fled from Texas to California, where we live, because he violated his probation (Two Felonies - assault with a vehicle and fleeing the scene).

What constitutes "aiding and abetting" ? We have limited our help for fear of getting in trouble, what should we do legally?


Asked on 9/10/09, 1:35 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You should read California Penal Code 32, which is commonly known as being an accessory after the fact. This is the full text.

"Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony."

It is a "wobbler," meaning it can be charged as a felony or a misdemeanor. The maximum punishment for a felony conviction is three years in state prison.

You are under no obligation to help authorities locate your brother in law, and you do not have to talk to the police if you don't want to. However, if you do anything to help him escape arrest -- such as lying to the police instead of just remaining silent, or letting him stay at your house -- you could be criminally liable.

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Answered on 9/10/09, 1:50 pm
Terry A. Nelson Nelson & Lawless

In your posting, you just 'confessed' to aiding and abetting, i.e. harboring with knowledge, if he is hiding out in your home.

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Answered on 9/11/09, 12:55 pm


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