Can You Be Charged With a Crime in Delaware for Helping Someone Avoid Arrest?
If a loved one or close friend faces criminal prosecution, the immediate reaction might be to assist in any way possible. You must, however, keep in mind that, although well-intentioned, there is a difference between supporting someone you care about and helping them evade law enforcement. Under Delaware law, some actions could lead to a criminal charge against you.
It thus becomes important to know where the line is drawn when the police think you assisted in concealing your loved one in some manner.
What is “Hindering Prosecution” in Delaware?
Delaware law has a crime called “Hindering Prosecution.” According to 1 Del. C. § 1244, one can be guilty of this crime if they intentionally commit certain acts to hinder, prevent, or delay the discovery, apprehension, prosecution, conviction, or punishment of another person who committed a crime.
Warning another person about the impending discovery or apprehension, obstructing law enforcement officials by force or deceit, and preventing the identification or apprehension of another person are examples of prohibited conduct.
Simply knowing someone is wanted is not enough
Hindering a prosecution usually requires more than knowing that another person is suspected of committing a crime. For instance, if your friend tells you they have a warrant out on them, you are not automatically responsible for not notifying the police. It is usually necessary for the prosecutor to prove beyond a reasonable doubt that the defendant conducted themselves in violation of the statute to conceal another party from detection or prosecution.
This difference can be important in criminal defense cases. Offering a lift to someone while unaware the police are after them is not at all similar to driving them out of state to avoid arrest.
Lying to police can create additional problems
Some people think that shielding their friends means they have to lie to police. This will only make matters worse.
Trying to mislead investigators about where a person is hiding, or even take measures to cover up evidence, will serve as proof that you obstructed justice.
Therefore, if you are interviewed about someone else’s alleged offense, be careful.
The penalties can be serious
In Delaware, a Hindering Prosecution charge depends on the nature of the crime committed. In some cases, Hindering Prosecution could be a felony, and you could face penalties in addition to fines and imprisonment.
Specific details can also influence the outcome because the prosecution must prove certain elements, including the defendant’s intent. Evidence can include texts, cell phone records, surveillance videos, witnesses, and statements to police.
Speak to a Wilmington, DE, Criminal Defense Attorney Today
Assisting a loved one may become a matter of legal concern when the individual is subject to a police investigation. If you are suspected of harboring or assisting a fugitive, lying to investigators, or interfering with any criminal prosecution, seeking legal counsel sooner rather than later can be critical.
If you’ve been charged with Hindering a Prosecution, talk to the Wilmington, DE, criminal defense lawyer, Michael W. Modica, today, and we can begin preparing your defense immediately.
