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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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What kind of evidence would the police need to charge someone

Resolved Question:

What kind of evidence would the police need to charge someone with accessory to rape?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
The police need probable cause to believe that the person committed the offense by assisting in some manner to cause the crime to be committed. In NM, a person may be charged with and convicted of the crime as an accessory if he or she procures, counsels, aids or abets in its commission and although he or she did not directly commit the crime and although the principal who directly committed such crime has not been prosecuted or convicted, or has been convicted of a different crime or degree of crime, or has been acquitted, or is a child under the Children’s Code. NMSA 1978, Section 30-1-13.

NM law holds that an accessory is charged at the same level and with the same crime as the actual perpetrator of the crime. In other words, if you assist someone to commit a crime in any manner, you can be charged. You do not have to be present at the time the crime is being committed to be charged as an accessory, but you must share criminal intent of the primary offender.

In other words, you drove the principal to the location, or perhaps gave them a condom to use (just an example) or after the crime you concealed evidence by disposing of some evidence of the crime.


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Customer: replied 1 year ago.

What type of evidence do police look for when looking to charge someone for accessory to rape?

Expert:  Law Educator, Esq. replied 1 year ago.
They are looking for anything to show that the person assisted the principal in committing the crime or getting away with the crime after the crime occurred, such as hiding evidence or hiding the principal. They are looking for some connection that the accessory knew the rape would take place before it happened and somehow gave aid and assistance to the principal to commit the crime.

It is hard to tell you specifically what they are looking for, since every case is different with different types of evidence that would show that a person assisted someone in committing the crime.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88819
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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