Accessory after the Fact

[Seriousness]

If people really do know the things some claim to know, they may be accessory after the fact to murder. If a person witnesses the giving or selling of a medication not prescribed for the person to whom it is given or sold, that person may be liable if they withhold the information and injury or death occurs. Some people should be concerned. Just because time goes by doesn't mean it is forgotten.

[Charlie Sylvester Hollon]

Seriousness wrote:

If people really do know the things some claim to know, they may be accessory after the fact to murder. If a person witnesses the giving or selling of a medication not prescribed for the person to whom it is given or sold, that person may be liable if they withhold the information and injury or death occurs. Some people should be concerned. Just because time goes by doesn't mean it is forgotten.

It's the statute of limitations you have to be concerned about. Like murder, there's no statute of limitations on murder, it can go on forever. But, like rape,[unless murder is involved] there's certain limitations on it, unless it concerns a child, then I think if evidence is provided, it can be tried in court anytime. But, I think if a rape kit isn't presented in a certain time, and as long as the kit isn't compromised, it will hold up in court.

[Seriousness]

Charlie Sylvester Hollon wrote:

<quoted text>
It's the statute of limitations you have to be concerned about. Like murder, there's no statute of limitations on murder, it can go on forever. But, like rape,[unless murder is involved] there's certain limitations on it, unless it concerns a child, then I think if evidence is provided, it can be tried in court anytime. But, I think if a rape kit isn't presented in a certain time, and as long as the kit isn't compromised, it will hold up in court.

I am not talking about rape. I am talking about someone who gives or sells drugs to an individual and that results in death. Intent does not matter. And whether it was given freely or sold does not matter. Many recent deaths have been a direct result of this and there are those who were witnesses and don't realize they can also be charged.

[Charlie Sylvester Hollon]

Seriousness wrote:

<quoted text>
I am not talking about rape. I am talking about someone who gives or sells drugs to an individual and that results in death. Intent does not matter. And whether it was given freely or sold does not matter. Many recent deaths have been a direct result of this and there are those who were witnesses and don't realize they can also be charged.

I agree with you, but first, you would have to catch and arrest these people, and then, prove they caused their death. This is one of the reasons to teach young people not to take drugs, it may save their life.

[WRONG]

Seriousness wrote:

If people really do know the things some claim to know, they may be accessory after the fact to murder. If a person witnesses the giving or selling of a medication not prescribed for the person to whom it is given or sold, that person may be liable if they withhold the information and injury or death occurs. Some people should be concerned. Just because time goes by doesn't mean it is forgotten.

You are totally wrong. An Accessory after the fact charge only applies to someone who actively assists a criminal after a criminal act has been committed. The charge would apply to someone who helped a drug dealer move an OD out of his/her house. It doesn't apply to someone who knew about the crime and didn't come forward. That's not even obstruction of justice. We as citizens are under no legal obligation to come forward and tell what we know unless we are served with a subpoena and have to testify under oath.

[Close]

WRONG wrote:

<quoted text>
You are totally wrong. An Accessory after the fact charge only applies to someone who actively assists a criminal after a criminal act has been committed. The charge would apply to someone who helped a drug dealer move an OD out of his/her house. It doesn't apply to someone who knew about the crime and didn't come forward. That's not even obstruction of justice. We as citizens are under no legal obligation to come forward and tell what we know unless we are served with a subpoena and have to testify under oath.

Most of what your post says is absolutely correct, however even if you are subpoenaed (spelling ?) you still have the right to plead the Fifth which protects one from self incrimination. The Court could then offer you immunity and force you to testify. But with immunity you could not be held responsible for any involvement, even if you were involved. So, the bottom line is, you can keep your mouth shut, or testify under the right circumstances, and you are still not accountable for any one elses misfortune.

[Seriousness]

To Close: Why would you plead the fifth if you had done nothing wrong? Self incrimination would only apply if you were the one guilty. However, if you observed someone giving/selling medication that resulted in death, would you not feel morally, if not legally obligated to inform the authorities or the person's family? Keeping your mouth shut.....it may work but next time, it may be you or your child that dies or suffers permanent injury due to people keeping their mouths shut.

[ester]

who cares?

[Close]

Seriousness wrote:

To Close: Why would you plead the fifth if you had done nothing wrong? Self incrimination would only apply if you were the one guilty. However, if you observed someone giving/selling medication that resulted in death, would you not feel morally, if not legally obligated to inform the authorities or the person's family? Keeping your mouth shut.....it may work but next time, it may be you or your child that dies or suffers permanent injury due to people keeping their mouths shut.

I am sorry that you misunderstood me, I was talking from a legal standpoint, rather than personal. Yes I would feel morally obligated, no I would not feel legally obligated. However, if I had something to hide of course I would plead the fifth. From a realistic point of view, I know that I would never have anything to hide in a situation like that -- I would be the first in line to report such an incident. Again, I was speaking from a legal standpoint, and I believe we can both agree there is a very fine line between law and justice. I hope you understand.

[Sorry]

Alot of people are afraid to speak up against people like this because you never know what they will do to you or your family. They are probably some that would rather kill you or burn you out or hurt you in some other way. I do not agree with selling drugs and never have and never will but you have to hold the drug abuser responsible to in these situations because they make the choice to do it. I don't think they are forced by anyone to do what they do. There should be something out there where family can force their family members to get the help that they need. I feel your pain. I have had family who have destroyed their lives with drugs and you feel helpless when they won't listen. I say buy handcuffs and keep them locked up until they get cleaned if you have no other choice if you want to save their lives.