Hindering Apprehension or Prosecution

Getting charged with hindering apprehension or prosecution can be scary. I get it—the legal system is confusing, and you probably have a ton of questions. As your friendly neighborhood lawyer blogger, let me break it down for you in simple terms.

The charge of hindering apprehension or prosecution basically means you helped someone avoid getting arrested or put on trial. There are a few ways you could end up facing this charge:

• Harboring or concealing a person who’s wanted by the police. Let’s say your buddy robbed a bank and the cops are looking for him. If you hide your buddy in your basement so he doesn’t get caught, you could be charged with hindering apprehension. Not cool!
• Providing a person with money, transportation, weapon, disguise or other means to avoid discovery or apprehension. For example, if you lend your car to your friend so he can flee town and avoid arrest, or give him cash to go on the lam, that’s hindering apprehension.
• Warn someone that they are being sought by law enforcement. Tip someone off that the cops are onto them so they can make a run for it? Yep, that’s hindering apprehension too.
• Provide false information to a law enforcement officer. Lying to the police to throw them off the trail of a suspect is a big no-no.
• Prevent or obstruct someone from providing information or testimony to law enforcement. Threatening a witness to keep them quiet? Also hindering apprehension or prosecution.
• Solicit someone else to commit any of the acts above. You don’t actually have to do the deed yourself—even asking someone else to hide a suspect or lie to the cops can get you charged.

Now, the severity of the charge depends on who you helped avoid apprehension or prosecution. Hindering apprehension of yourself, a relative, your spouse or domestic partner is a disorderly persons offense. But hindering apprehension of anyone else is a 4th degree crime.

If the suspect was charged with murder, manslaughter, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping, or human trafficking, and you helped them avoid apprehension, that bumps it up to a 3rd degree crime. Yikes!

The penalties can be serious. A disorderly persons offense can land you in jail for up to 6 months and a fine up to $1,000. A 4th degree crime is punishable by up to 18 months in prison and a fine up to $10,000. And a 3rd degree crime can mean 3-5 years behind bars and a fine up to $15,000! Not fun.

So how do you avoid getting slapped with this charge? It’s simple:

• Don’t harbor, transport or hide people who are wanted by the cops. That includes letting them crash at your place while the heat dies down.
• Don’t help suspects financially by giving them cash or paying their bills so they can go on the run.
• Don’t tip off crooks that the police are looking for them or provide any kind of warning.
• When questioned by law enforcement, don’t lie or provide false info to protect a suspect.
• Don’t threaten witnesses or try to stop them from cooperating with the police.
• Refuse requests to help suspects avoid apprehension or prosecution in any way.
• And don’t ask anyone else to do these things either!

I know it can be tempting to protect a friend or family member who’s in trouble with the law. But obstructing justice and interfering with an investigation will only land you in hot water too.

If the cops show up asking questions, politely decline to answer. Don’t panic and blurt out a bunch of lies—that can get you charged with hindering apprehension or false reporting.

Simply explain you won’t answer questions without a lawyer present. Then call a criminal defense attorney for advice on how to proceed. Keeping your mouth shut is always the safest bet.

And if you’re ever falsely accused of hindering apprehension or prosecution, don’t despair! An experienced lawyer can often get those charges reduced or even dismissed. There are viable defenses, like duress—you were forced or coerced into assisting the suspect.

The bottom line is: don’t help crooks avoid facing justice. But if you find yourself charged with hindering apprehension or prosecution, you still have options. With an attorney’s help, you can get through it and move on with your life.

I hope this quick guide clears up some of the confusion around this charge. Let me know if you have any other legal questions! I’m happy to explain this stuff in plain English. Stay safe out there, friends.