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Can I be arrested for aiding and abetting an individual that has absconded parole from another state?
Anonymous2 views3 answers
This individual was on parole for a non-violent felony for trafficking marijuana. He is my roommates "boyfriend" and showed up on our door from Montana on Monday with only the clothes on his back. She had told me previously that he was on parole and could not be paroled here to CA, so when he showed up in the middle of the night, it is fairly obvious he is not here with any kind of traveling papers. They will not confirm this to me directly, even though I have asked.
I suppose you could be charged with harboring a fugitive if indeed you know he is one. Given the facts you have stated that would be a bit of a stretch but why take a chance? You should tell you roommate you don't want him around and be insistent about it.
I agree with Mr. Kaman but would aso suggest that you call the local authorites. Reaalize this may cause some tensions in the home but, in my opinion, some tensions are better than defending a criminal complaint.
It really is a question of what you knew and when you knew it. California law states:
Pen C § 32. Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony.
It is important to note the word "intent" here. If you did not know that he was on the run or that a warrant was out for his arrest, the required intent probably could not have been formed on your part. If you think you may have done something wrong here, I suggest you consult an attorney and not talk to anyone unless in the presence of that attorney and instructed by him or her to do so.