In a state prosecution it should be obvious that a friend or close associate would not be entitled to this exemption. If you or someone close to you has been accused of harboring the primary suspect or defendant in any type of criminal action my law firm based in Fort Lauderdale can help.
Even if you fit the qualifications explained above for a familial exemption you should still have proper representation when a case goes to trial and during the process when criminal allegations for harboring are being charged. Although the ineligibility of the familial exemption on a federal level has been challenged in the courts on numerous occasions, the courts have unanimously refused to recognize it as an exception.
Another issue challenged in the courts is what is known as the "No Justification Defense". This stems from the belief that the individual that harbored the principal defendant felt that the government was not justified in going after the person they gave concealment to or the case against them was a product of government harassment.
This defense was also not recognized by the courts as a legitimate defense although challenged on many occasions. However there are many defenses that can be employed if the government proceeds with a harboring case including a person being subtlety threatened or put under other forms of duress as well as a lack of knowledge that the principal defendant was in the process of fleeing from law enforcement.
The penalties for harboring can be extremely harsh and in certain cases steep fines may apply. A conviction for concealing a person from arrest can be punishable by up to one year of incarceration.
If the person given safe haven is an escaped prisoner the penalty can yield a maximum prison term of three years. Any individual that harbors a person with absolute knowledge that the person they are concealing has committed a federal crime or is about to commit such a crime can be imprisoned for a maximum of ten years, fined, or both. This also holds true if there is reasonable grounds for them to believe the aforementioned, if the government can prove their case.
If you find yourself facing the difficult dilemma of what to do if a family member or friend asks you to allow them to stay at your residence when you know they may have committed a federal crime, or asks you to lie if approached by federal authorities, the best course of action is to consult an experienced criminal defense attorney with vast experience in the federal system.
Ask the Editors 'Everyday' vs. What Is 'Semantic Bleaching'? How 'literally' can mean "figuratively". Literally How to use a word that literally drives some pe Is Singular 'They' a Better Choice? The awkward case of 'his or her'. Take the quiz. Our Favorite New Words How many do you know? Spell It Can you spell these 10 commonly misspelled words? Essentially the crime is committed when one individual has committed a crime and escapes from being arrested or punished while being protected by another individual.
This crime may also apply when a person being hidden after escaping prison. The person being accused of harboring or protecting a fugitive may not have committed the underlying crime with the fugitive but protecting a person that is facing charges can result in both federal and state level charges and consequences. In order to prove that a person was harboring a fugitive, the prosecutor must establish the following:.
Punishment for these charges may include jail time, steep fines, or a combination of the two. If the fugitive was facing felony charges, the person may face even steeper penalties. One of the best defenses to harboring a fugitive is that the accused withdrew their support from the fugitive. The evidence will need to be clear cut.
One way to show this is if the accused alerted authorities as to the location of the fugitive.
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