If I have a friend who has a warrant out on him for burglary, will they come after me for taking him in for a couple of days?
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If I have a friend who has a warrant out on him for burglary, will they come after me for taking him in for a couple of days?
He showed up at my door and I had no idea that he was wanted in another county for this crime. I have convinced him to turn himself in in the county where the warrant was issued. The reason I let him stay was because he is homeless and nowhere to go. He admitted to me there was a burglary warrant out on him. He wants me to take him to the courthouse to turn himself in. I’m a little unsettled by the prospect they could throw me in jail. My options?
Asked on December 5, 2014 under Criminal Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Now that you *know* he is wanted, you need to get him out of your home. It's no crime to innocently take someone in, not knowing they are sought by the police; but harboring a fugitive is a crime. If you know your friend is wanted by the authorities, the police or prosecutor could conclude that you were knowingly sheltering him from the law; while there's a good chance you'd ultimately escape liability, do you want to take the chance of being found guilty--or even have to defend yourself in court? And if you are renting: many leases make it a violation to do anything criminal generally in the apartment, or specifically to take in a fugitive; you could potentially face eviction if your lease includes such terms.
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
As long as you do something about it soon, you should be okay. Aiding and abetting statutes are still "specific intent" crimes. From what you describe, you took him in because he was homeless, not to assist him evade apprehension. So your initial actions did not have the specific intent to make you criminally liable. However, if you continue to harbor him after knowing the warrant does exist, you could face some type of liability. You are not required to turn him in.... but you need to get him out of your house. Taking him to the courthouse is a good option--- but if you aren't comfortable with that option, take him to a shelter and let them deal with the situation. If you are afraid that they are looking at you because of him, then consider calling a "crimestopper" hotline in your area where you can report his location and exonnerate yourself.
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