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Can a wife be charged with hindering a prosecution if the husband is found near the street his wife lives on where he used

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to reside? A husband was picked up by the US Marshals & they threatened his wife that she could be charged with hindering the prosecution because he was found near the street she lives on in his car by himself. Is this true?

Attorney Answers

2
Adam Zucker ·
I think Mr. Fairlie gave a great answer, I would add that this scenario shows exactly why people who have interaction with law enforcement need competent counsel to represent them even on what might appear to be minor matters. As previously posted the police can charge you even if not appropriate; However law enforcement agents would have to know that they would have a very slim chance of conviction just because the husband was found near the street the wife lives on. It is not uncommon for law enforcement to threaten charges such as hindering prosecution or obstruction of justice just to get information from people. Of course its not illegal to refuse to give the police information and police are allowed to lie as well in order to get information and thus its important to have counsel to help you wade through the information and statements the police may make to you.
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teven Fisher FairlieDUI / DWI AttorneyNorth Wales, PAPA licensed ·
A person can be charged with an offense even if authorities do not have a valid reason, but I think you are really asking whether the charges would be appropriate. If there is no evidence that wife knew husband was in the area then it would not be appropriate to charge her. If she was charged, one would hope she would win at trial. On the other hand, if there is evidence that she deliberately hid husband a conviction might be appropriate. I think the interesting issue would be where husband is wanted and comes home. Wife feeds him and cares for him as a wife but does nothing overtly to assist him to "escape" law enforcement. I think this one might be troubling to a jury as I believe a wife has a right to care for her husband and no duty to affirmatively call police. Steve Steven F. Fairlie, Esq. Fairlie & Lippy, P.C. 1501 Lower State Road, Suite 304 North Wales, PA 19454 voice: (215) 997-1000 fax: (215) 997-1777 [email protected] www.fairlielaw.net
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