Can I be charged as an accessory to a homicide if no one else is being charged just me? 13 Answers as of March 21, 2013

They say they have evidence on me but the evidence is a few phone calls.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes they can do so. They are probably wanting to put pressure on you so that you will aid in getting the real killers.
Answer Applies to: Michigan
Replied: 3/21/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
Get a lawyer and fight the allegations. Don't talk to the cops.
Answer Applies to: Nebraska
Replied: 3/20/2013
William L. Welch, III Attorney | William L. Welch, III
Yes. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
Answer Applies to: Maryland
Replied: 3/20/2013
Henry Lebensbaum | Henry Lebensbaum
Consult a lawyer.
Answer Applies to: Massachusetts
Replied: 3/20/2013
Connell-Savela
Connell-Savela | Jason Savela
Do not talk with police any more, they are probably just fishing if they contact you, just say I want a lawyer and nothing else - do not respond to their questions or comments - they are trying to trick you deals are not made with police, they are made through your attorney, in writing, usually with the DA but to answer your question, yes you can.
Answer Applies to: Colorado
Replied: 3/19/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, especially if you don't know when to shut up. Ever heard of the right to remain silent?
    Answer Applies to: California
    Replied: 3/19/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You need a co-defendant to be an accessory to a murder. An accessory necessarily needs another person for the label" accessory". Not knowing all the facts in this case, the police have the telephone evidence of your participation, and very well must have further evidence, as well, to determine if probable cause exists for formally charging you.
    Answer Applies to: Illinois
    Replied: 3/19/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You need to stop talking to cops. See an attorney who handles serious cases. Your statements, even to other persons are an exception to hearsay and can be used against you.
    Answer Applies to: California
    Replied: 3/19/2013
    Universal Law Group, Inc. | Francis John Cowhig
    You can be charged with anything. Whether or not there is enough to convict you is to be seen. If you are being charged as an accessory to homicide, I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 3/19/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    Number one, you cannot control who else is charged. Number two, why couldn't you be charged alone? Sure you may fell others are at least as culpable, but this does not mean you are not. Still, the state must prove you guilty beyond a reasonable doubt, and the fact that thee are others involved may still be raised as a defense to show that you are not guilty.
    Answer Applies to: Utah
    Replied: 3/19/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    I suppose, but I've never heard of that happening before. To be guilty of "being an accessory", the DA must prove 3 thing: 1) that you gave some support to the killer (harboring the killer, concealing the killer, or offering him some aid), 2) that you intended to help the killer, and 3) that you knew that the killer was guilty of some felony. I don't know how a DA would prove those things if they don't have the actual killer.
    Answer Applies to: California
    Replied: 3/19/2013
    Dudek & Cintean, LLP | Alin Cintean
    Yes, the government can charge it but it doesn't necessarily mean that they can prove it. Also phone records contain a lot of information nowadays. This includes, for example, cell phone tower location and based on that, direction of travel during a cell call.
    Answer Applies to: California
    Replied: 3/19/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Not as an accessory, but homicide as a party to the crime.
    Answer Applies to: Georgia
    Replied: 3/19/2013
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