How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114695
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

What kind of evidence would the police need to charge someone

This answer was rated:

What kind of evidence would the police need to charge someone with accessory to rape?
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.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 4 years ago.

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

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. and 3 other Criminal Law Specialists are ready to help you