Legal Question in Criminal Law in Michigan

Witnessing a crime and not reporting it- accessory?

my friend witnessed a coworker stealing money from a register on several occassions over the course of a few weeks and didn't report it. the employer is now prosecuting them both- my friend as an accessory. I think it may be an important detail that my friend might have been considered in charge of the register. also, the coworker mentioned that she was pregnant and couldn't afford an abortion, and my friend may have mentioned this when the employer was approaching/threatening them. could this be considered an admission of protecting the offender? i also think that when they began they asked my friend if they were aware of something happening and my friend said they didn't know- could this be considered protecting? finally, one day my friend found a lost wallet on the floor, picked it up and put it in a drawer (work was busy), and then forgot about it, and now the owner is claiming money is missing from it. the employer claims to have both of those incidents on security camera footage. my friend also signed an employee handbook that likely states some zero tolerance company policy about these incidents. will my friend be in trouble? how much trouble could they likely be in? what is the maximum penalty and possible bail? thank you


Asked on 8/20/06, 9:29 am

2 Answers from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Witnessing a crime and not reporting it- accessory?

Was a message about this same matter posted a day or two before this one? I just replied to a question re: #225071719 that involved almost the same facts (a co-worker being prosecuted as an aider/abettor to another employee's embezzlement). Please search for that question and the two replies posted.

I agree with Mr. Kronzek's reply to your question: the facts are far too complex (and possibly incomplete) to give an assured answer on this site. It is quite possible that other facts are known by police or the store that are not mentioned in your question ... which could turn the entire matter around. Mere presence at the scene of a crime, or knowledge that another person is committing a crime, is not enough to charge the 2nd person. an aider/abettor has to knowingly/intentionally do something to assist or encourage the principal actor in committing the crime. It can be as simple as being a look-out ... or by knowingly/intentionally leaving the cash register in your case open and accessible to the other person, etc.

The person(s) charged should get copies of the police report after charges are issued and talk to an experienced criminal defense attorney in your area.

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Answered on 8/21/06, 11:50 am

Witnessing a crime and not reporting it- accessory?

The incidents that you ask are FAR too complex and involved to answer in a simple way. There are lots of interpretations, possibilities, defenses, scenarios and options. Each of these should be examined by an experienced and aggressive criminal defense team. It would be silly to try to analyze this on the internet. Feel free to call us at 18005766035 or see our web site at www.AggressiveCriminalDefense.com

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Answered on 8/20/06, 10:18 am


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