Legal Question in Criminal Law in Michigan

Witnessing an ongoing crime and not reporting it

My friend worked at a retail store. A coworker was repeatedly taking money from the register over a period of a few weeks, and my friend witnessed this happen several times. Recently my friend was approached by their employer, presented with security footage of the acts, and now their employer is pressing charges against both the perp. and my friend (who only witnessed it). My friend was arrested as an accessory, and the retailer plans to pursue the full penalty possible. My question is basically, can they do that? I read that in order to be considered an accessory one must actually encourage or aid the principal actor. Can only witnessing a crime be considered encouragement or aid?


Asked on 8/19/06, 5:21 pm

2 Answers from Attorneys
Jeffrey Buehner Jeffrey Buehner, PLLC

Re: Witnessing an ongoing crime and not reporting it

It can be considered aiding and abetting if your friend watched as this person took money from a cash register that your friend was in charge of or if your friend was acting as a look out. However, in most cases, simply watching is not enough to prove aiding and abetting. Your friend should hire an experienced criminal defense attorney.

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Answered on 8/19/06, 5:57 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Witnessing an ongoing crime and not reporting it

"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 as an aider or abettor. The 2nd person has to knowingly and intentionally aid, assist, encourage, etc the other person in committing the criminal act. witnessing a crime alone is not enough.

The 2nd person might have violated office policies/procedures by witnessing a crime (embezzlement) and not stopping it or reporting it. But violation of house rules does not necessarily make a person an aider/abettor in criminal court.

However, we need to be cautious here because your stated facts might not be the entire set of facts known by police or the store. What is on videotape is helpful, but there might be other evidence - - such as witness statements - - that implicate the 2nd person.

I agree with the original posted response that the 2nd person should have a criminal defense attorney review the case facts.

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Answered on 8/21/06, 11:42 am


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