Can I ask that my sister and mother be charged with aiding and abetting?

Asked almost 3 years ago - Moncks Corner, SC

My niece failed a drug test while on probation and fled the State of New York. A warrant was issued. She also had/has pending court cases for which she obviously has not shown up for. An additional warrant was issued for 1 of those cases. Both warrants by the judges were issued "in-county" only. My nieces' Mother and Grandmother have both decided that it is not in her best interest to return to New York State to avoid prosecution and most likely jail and or re-hab. My niece has a pretty lengthy rap sheet and has served time in jail - twice. She is in Florida where her Grandmother lives. Her Grandmother and Mother are providing her with an apartment and living expenses. What we, the rest of the family, want to know is that can we initiate charges of aiding and abetting - Mom & GM?

Attorney answers (1)

  1. Seth A. Blum

    Contributor Level 15

    Answered . You can ask, but I think you are going to have a tough time convincing a prosecutor to bring the charges. Setting aside the same practical problem that your sister and mother are not within New York's jurisdiction, it's just sort of unseemly. Now a Federal Prosecutor may feel differently. I have seen those guys charge entire families with Aiding and Abetting for housing and feeding fugitives.

    Getting your family charged with crimes, though, it a bad idea. I can say with great confidence that you would come to regret it if you were successful. Don't worry. You niece will either never again come to the attention of the police, which I think we can all agree would be wonderful, or she will get caught and extradited to New York.

    Be patient. This will take care of itself.

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