Last Updated on: 28th July 2023, 07:22 pm

Defending Against Federal Charges of Concealing a Person from Arrest

If you are facing allegations under federal statute 18 U.S.C. § 1071 of harboring or concealing a fugitive, you need experienced legal counsel. Conviction can carry up to 5 years in prison, substantial fines, and lifelong impacts. Here is an overview of the law, common prosecution tactics, defense strategies, and finding the right lawyer when accused of concealing a person from arrest.

The Law – 18 U.S.C. § 1071

This statute makes it a federal felony when someone:

– Harbors or conceals any person for whose arrest a warrant or process has been issued under U.S. laws;

– Provides means of avoiding discovery or apprehension knowing that an arrest warrant has been issued;

– Warns the fugitive of impending discovery or apprehension.

Prosecutors must establish knowing and intentional acts to conceal or aid the fugitive’s avoidance of apprehension. But the law sweeps broadly, potentially implicating friends, family, and anyone assisting.

Investigation and Prosecution Tactics

Cases typically originate from federal or joint task force investigations into the fugitive. As part of these probes, officials may deploy techniques like:

– Electronic surveillance of the accused through wiretaps, GPS tracking, phone/email monitoring

– Physical surveillance by agents

– Testimony by informants

– Execution of search warrants seeking evidence of concealment acts

– Subpoenas to testify before federal grand juries

Counsel experienced with federal investigations is critical to protect rights if contacted. Admit nothing and provide no evidence without your attorney present.

Crafting an Effective Defense Strategy

Several legal defenses to § 1071 charges exist which skilled counsel may pursue:

– Lack of knowledge – Argue no awareness a warrant existed or the person was a fugitive

– No intentional concealment – Contend actions did not purposefully hide or shield the fugitive

– Duress – Assert threats or coercion by the fugitive forced involvement

– Entrapment – Allege government agents manipulated the accused into committing concealment acts

– Mistaken identity – Claim the concealed person was misidentified as the fugitive

– Statute of limitations – Argue too much time has passed since the alleged concealment

Raising reasonable doubt on these factors can lead to dismissal or acquittal. An assertive lawyer explores every avenue.

Seeking a Sentencing Departure

If conviction occurs, retaining counsel knowledgeable in federal sentencing guidelines is key. Arguments for sentencing leniency may include:

– Minimal criminal history

– Productive life and work history

– Charitable acts and community ties

– Susceptibility to fugitive’s threats or manipulation

– Acceptance of responsibility once caught

– Assistance providing information about the fugitive

– Unique family obligations

While the maximum is 5 years, experienced counsel can potentially reduce time served significantly through persuasive mitigation arguments.

Choosing the Right Defense Attorney

When charged under § 1071, key credentials to seek in counsel include:

– Successful track record defending § 1071 cases

– Familiarity with federal prosecutors and how they operate

– Experience litigating federal criminal cases and challenging evidence

– Comfort operating in federal courtrooms and before federal judges

– Sentencing guideline expertise to minimize penalties if needed

– Resources to conduct exhaustive independent investigation

– Tenacity negotiating with prosecutors pre-indictment

– Creativity crafting defense narratives to raise reasonable doubt

Securing experienced federal criminal defense counsel early is imperative to mitigating charges and punishment.

An Assertive Defense Against Serious Allegations

While any federal felony case is daunting, knowledgeable counsel levels the playing field. Skilled attorneys can develop creative arguments exposing flaws and reasonable doubt in the government’s case. With an experienced guide in your corner, you can fight the charges at every stage and achieve the most favorable outcome within the circumstances.