Legal Question in Criminal Law in Colorado
if someone is in the presence of two other people while destroying property can they be convicted as well?
Asked on 7/18/11, 2:04 pm
1 Answer from Attorneys
H Michael Steinberg
A Colorado Criminal Defense Law Firm
It is the law in Colorado - that the "mere presence" at the scene of the commission of a crime - is not a criminal act. There is no legal duty to stop the commission of a crime -- the so called mandate of the Good Samaritan.
On the other hand - an individual cannot assist in the commission of the crime in any way -- that is in furtherance of the commission of a crime. That could be charged under the legal theory known as "complicity."
Answered on 7/23/11, 6:42 pm
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