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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