In the Presence of Illegal Substances
Is it against the law to be present in a home where illegal drugs have been recovered and someone has been placed under arrest? The answer would depend on whether or not there was knowledge of the illegal activity. In most states juries are instructed that merely being present at the scene of a crime, even with knowledge that an offense is being committed, is not enough to convict a person of the crime. On the other hand, there are principles of criminal liability that can apply to people even though they are not the actual perpetrator of a crime. For example, under federal law one can be charged with misprision of a felony, which applies to a person who has actual knowledge of the commission of a felony and conceals it from the authorities. This offense, however, requires active concealment of a known felony rather than merely failing to report it.
A person may also be held criminally liable as an accessory after the fact if he has knowledge that a crime was committed and assists the offender to hinder his apprehension, or punishment. In addition, a person can also be guilty of aiding and abetting a crime if they help another person in committing an offense, with knowledge of the criminal nature of the act they are committing. However, merely witnessing a crime, without any participation in it and without providing assistance is not a crime.
The police, when deciding whether to charge an individual, usually consider certain factors such as proximity to the illegal substance. For instance, if drugs are located in an individual’s bedroom then this may prove to be very damaging. Other factors such as cooperating witnesses and physical evidence also are taken into account by the police in making a determination whether to charge someone or not. Thus, mounting a successful defense to a charge of accessory after the fact or misprision of a felony requires examining the facts on a case-by-case basis.
April 15th, 2008 at 10:44 am
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