Harboring a Suspect or Fugitive in a Federal Criminal Investigation

Harboring a Suspect or Fugitive: What You Need to Know

So your friend or family member is wanted by the feds. Maybe they’re suspected of a crime, or maybe they’ve already been charged and are trying to avoid prosecution. You want to help them out, let them crash at your place for a while, but you don’t want to get in trouble yourself. Believe me, I get it. You’re in a tough spot. But be smart about this – harboring a fugitive is no joke in the eyes of the law. Let’s break down what harboring means, why it’s illegal, and how you can avoid being charged if you want to help someone in a bind.

What Does “Harboring a Fugitive” Mean?

The legal definition of “harboring” is providing shelter, money, transportation, or other assistance to someone who’s avoiding prosecution or confinement for a felony. So if your buddy is wanted by the feds for bank robbery, and you let him hide out in your attic – yup, you’re harboring a fugitive.

Some examples of harboring:

• Letting a wanted person stay in your home, even if just overnight
• Providing money or other financial assistance
• Helping them flee authorities or giving them a ride
• Hiding or destroying evidence related to their crime
• Lying to investigators about their whereabouts

Even if you don’t actively hide the person, just letting them hang around your place when you know there’s a warrant can be enough. The key is that you’re intentionally making it easier for them to avoid capture.

Why Is Harboring a Crime?

Harboring a fugitive is a felony under federal law. The reasoning is that it interferes with the justice system – you’re helping someone escape the legal consequences of their actions. That obstructs law enforcement and makes it harder to enforce criminal laws.

The penalties are steep too – up to 5 years in federal prison and/or a fine of $250,000. That’s the same maximum sentence as for contempt of court! So yeah, not something to mess around with.

Some states also have harboring laws on the books. The charges can be different but it’s still very illegal. Bottom line, law enforcement takes a dim view of people helping those who are fleeing from justice.

What Are Some Legal Defenses?

Okay, so you’re in a predicament. Your sibling or old college buddy shows up at your door, desperate and begging for a place to crash until the heat dies down. You want to help but don’t want to go to jail yourself. What can you legally do?

One defense is you didn’t intentionally provide assistance. For example, maybe they stopped by without warning, and you let them in not realizing there was a warrant. Or perhaps they borrowed your car without permission. As long as you didn’t knowingly help them hide, you may be able to avoid charges.

Another defense is duress. This basically means you were coerced or threatened, leaving you no reasonable alternative but to assist. So if your fugitive friend pulls a gun on you and demands you harbor them, you may have a duress defense.

You could also argue necessity – for instance, you let in your shivering, bleeding family member to provide urgent medical care or shelter from a storm. That may be permissible but it’s still risky.

How to Help Without Harboring

Okay, so now you know why harboring is illegal and the risks involved. But what if you still want to help your friend or family member in a bind? Here are a few tips:

• Encourage them to turn themselves in! This is the best option for everyone. Let them know you care but can’t harbor them.
• Put them in touch with a criminal defense lawyer who can advise them on negotiating surrender.
• Provide info so they can assess their legal options, but don’t personally help them hide.
• Offer emotional support and let them know you want the best outcome.
• If they show up unannounced, you can provide food, medical aid, etc. but then insist they leave. Don’t let them stay with you.
• Don’t lie if questioned by police, but don’t volunteer info either.
• Don’t do anything illegal on their behalf like hiding evidence, lying under oath, using force to help them escape, etc.

Look, I know you want to protect your loved one. But becoming a criminal yourself isn’t the answer. Tread carefully, get legal guidance, and encourage them to face the charges. This gives everyone the best chance of getting through the situation intact.

I hope this gives you a better understanding of harboring a fugitive and your options. It’s a messy situation with no perfect choices. But move forward thoughtfully and ethically, and you can get to the other side of this with clean hands. Wishing you wisdom and courage as you figure out your next steps.