Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: I Know Wife Has Arrest Warrant, Can I Be Accountable if I Know, but Do Nothing

    Quote Quoting designit
    View Post
    Wife has warrant for arrest... It's a bench warrant from a child support case (not my child)...

    *** Can I be charged with anything if I live with her, know about it, and don't turn it in..?...
    Probably not. But, if you take any actions to conceal her or mislead investigators or the court you could be held accountable.

    I will have nothing to do with law enforcment ever again in my life after experiencing the BS they conduct first hand... Matter of fact, I oppose them now and forever... Every single one of them... The law want's to empose and erode more freedoms we have because the "few" ruin it for the "masses"... I would like nothing more than to return the favor...
    So, law enforcement is at fault for her failing to pay child support? Wow. Imagine that.

    No one says you ever have to call the cops. if you get robbed, assaulted, or whatever, you do not have to call them. But, if you lie to them or actively conceal a fugitive from justice you can expect them to act on that.

    I hope I can't be charged with anything, but on the flip side, I would like nothing more than to get "other issues" with the law, off my chest by bitching out the court for the complete B.S THE LAW has placed on my family... I would almost like to represent my wife in court and take on the federal DV law myself...
    Unless you are an attorney you would never get the chance to represent her. You would also have no opportunity to get anything off your chest at court as a court will not be interested in your opinions, only the facts of your particular case.

  2. #2
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: I Know Wife Has Arrest Warrant, Can I Be Accountable if I Know, but Do Nothing

    You didn't mention what state your from, but regardless, yes, you can be charged with a crime. Harboring a Fugitive (18 U.S.C. § 1071) is based not only on state law but also federal law.

    Harboring a fugitive refers to the crime of knowingly hiding a person wanted from the authorities. Federal and state laws, which vary by state, govern the crime of harboring a fugitive.

    The federal statute, 18 U.S.C. § 1071, requires proof of four elements:

    (1) proof that a federal warrant had been issued for the fugitive's arrest,

    (2) that the accused had knowledge that a warrant had been issued,

    (3) that the accused actually harbored or concealed the fugitive, and

    (4) that the accused intended to prevent the fugitive's discovery or arrest.

    So let's take a look at what the state can and can not prove.

    (1) proof that a federal warrant had been issued for the fugitive's arrest

    The state can prove this beyond a reasonable doubt because they would have the warrant in writing.

    (2) that the accused had knowledge that a warrant had been issued

    You, not your wife in this element are the accused, and unless the state has come to you in person and made you aware of the warrant for your wife's arrest it would be hard for the state to prove that you knew that your wife had a warrant for her arrest. But be forewarned, once the police come to your residence to try to serve the arrest warrant on your wife you must comply if she is in the residence because it now puts you in violation of Harboring a fugitive 18 U.S.C. § 1071.


    (3) that the accused actually harbored or concealed the fugitive, and

    (4) that the accused intended to prevent the fugitive's discovery or arrest

    Can the state prove beyond a reasonable doubt, that if after they ask if your wife is in the residence, and you say "no," and the state then entered your residence and found your wife - that would be enough proof beyond a reasonable doubt that you willingly knew that your wife was in the residence, so elements 3 and 4 would be proven.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: I Know Wife Has Arrest Warrant, Can I Be Accountable if I Know, but Do Nothing

    And state laws generally run along the same lines. As i said, if you take any affirmative action to conceal of aid her while on the run, you run the risk of being charged. It is not all that difficult to prove such a case if they choose to try it. So, it is up to you whether or not you want to risk assisting her as a fugitive.

  4. #4

    Default Re: I Know Wife Has Arrest Warrant, Can I Be Accountable if I Know, but Do Nothing

    Thanks. I'm not aiding, and nobody is running. She's at the address listed on her mail addressed to her and she's not hiding... She says she's "working on working it out"... So, it is not my problem and I know nothing. I'm not going to take her to any station and I'll never call anyone out to pick her up... It's her issue and it's 'their' issue... I mention that she's got to get going with it & get it resolved... I will do nothing more. I guess I just answered my own question.

    1. Sponsored Links
       

Similar Threads

  1. DV Visa: when Applying with Spouse - Does the Spouse Also Get a Green Card
    By Adelana in forum Permanent Residency and Naturalization
    Replies: 4
    Last Post: 10-20-2010, 01:15 AM
  2. Debt Collectors: Is The Surviving Spouse Responsible For The Deceased Spouse CC Bills in Missouri
    By sunnysoranges in forum Debts and Collections
    Replies: 3
    Last Post: 09-09-2008, 10:21 PM
  3. Debt Collectors: Is The Surviving Spouse Responsible For The Deceased Spouse Medical Bills in Missouri
    By jbkrug13 in forum Debts and Collections
    Replies: 4
    Last Post: 07-25-2008, 08:19 PM
  4. Background Checks: Can One Spouse's Felony Record Affect The Other Spouse With Employment Or Credit?
    By ndhelppls in forum Employment and Labor
    Replies: 3
    Last Post: 06-07-2008, 10:38 PM
  5. Debt Collectors: Is The Surviving Spouse Responsible For The Deaceased Spouse Medical Bills in Indiana
    By murphyslaw in forum Debts and Collections
    Replies: 4
    Last Post: 03-11-2008, 02:15 PM
 
 
Sponsored Links

Legal Help, Information and Resources