Legal Question in Criminal Law in California

My question is: If you were to be at the scene of a crime and you leave without reporting and someone is seriously injured or passed on; what kind of charges can be filed?


Asked on 7/25/11, 3:17 pm

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

Your question is difficult to answer fully as there are not enough facts to specifically address your question. I can only say....."That depends.". Some questions I would need to address and get answers to are.1) were you involved in the crime in any way ? 2) were you in an accident and didn't stop to exchange info immediately and just fled the scene ? 3) was the victim in any way related to you as you give you a legal duty to protect ? These are only a few of the many questions I may have, once I hear more facts. To discuss the matter confidentially over the phone, you may call me at 661-267-1313 . I wish you well.......David Wallin

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Answered on 7/26/11, 7:17 pm
Joe Dane Law Office of Joe Dane

There are no "Good Samaritan" laws in California, so a mere witness is under no obligation to report a crime or render aid. There are a couple of exceptions involving crimes against children in certain circumstances, but in general, there is no legal obligation to assist.

If you are questioned by the police and you actively do something that assists the guilty person avoid arrest or prosecution, however - you can then be guilty as an accessory to that crime.

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Answered on 7/27/11, 11:35 am


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