Attempt to Harbor and Conceal

[CarbonSado]

South Dakota
So here's the story, my sister was on work release (community transition program) at a minimum security facility, and her husband dropped her off one day, she got UA'd, tested positive for methamphetamine, then left the unit and jumped in her husbands truck. She had him drop her off out near the woods and she spent the night out there and then turned herself in the next day. My question is does this situation constitute the Class 5 Felony charge of "Attempting to Harbor or Conceal", or should it be classified as a misdemeanor? Any advice would be appreciated, her husband has been in jail for about a month and a half already and doesn't have court again for another 20 days. Thanks!

 

[quincy]

South Dakota
So here's the story, my sister was on work release (community transition program) at a minimum security facility, and her husband dropped her off one day, she got UA'd, tested positive for methamphetamine, then left the unit and jumped in her husbands truck. She had him drop her off out near the woods and she spent the night out there and then turned herself in the next day. My question is does this situation constitute the Class 5 Felony charge of "Attempting to Harbor or Conceal", or should it be classified as a misdemeanor? Any advice would be appreciated, her husband has been in jail for about a month and a half already and doesn't have court again for another 20 days. Thanks!

The husband has not yet been charged?

It appears that both your sister and your brother-in-law are in need of criminal defense attorneys.

 

[CarbonSado]

The husband has not yet been charged?

It appears that both your sister and your brother-in-law are in need of criminal defense attorneys.

My sister had her parole violated, but her husband is just going through the court system. His lawyer doesn't seem to be very knowledgeable, and he cannot afford to hire paid counsel. I'm just trying to see if anyone knows anything about this type of situation so I can pass the information on to his court appointed counsel.

 

[quincy]

My sister had her parole violated, but her husband is just going through the court system. His lawyer doesn't seem to be very knowledgeable, and he cannot afford to hire paid counsel. I'm just trying to see if anyone knows anything about this type of situation so I can pass the information on to his court appointed counsel.

Please do not “pass on” to your brother-in-law’s appointed counsel anything you learn on Internet forums.

You should trust that the attorney your brother-in-law has knows the law. He passed the state Bar exam and is licensed to practice in your state.

 

[Eekamouse]

South Dakota
So here's the story, my sister was on work release (community transition program) at a minimum security facility, and her husband dropped her off one day, she got UA'd, tested positive for methamphetamine, then left the unit and jumped in her husbands truck. She had him drop her off out near the woods and she spent the night out there and then turned herself in the next day. My question is does this situation constitute the Class 5 Felony charge of "Attempting to Harbor or Conceal", or should it be classified as a misdemeanor? Any advice would be appreciated, her husband has been in jail for about a month and a half already and doesn't have court again for another 20 days. Thanks!

So he waited outside while she went in and tested and when the test came back positive for meth, she ran back outside and jumped into his waiting vehicle? That sounds super weird.

 

[quincy]

So he waited outside while she went in and tested and when the test came back positive for meth, she ran back outside and jumped into his waiting vehicle? That sounds super weird.

Not as weird as spending the night in the woods.

 

[Eekamouse]

Not as weird as spending the night in the woods.

Oh that part is malarky, unless he spent the night out there with her. Of course, the two of them were probably so tweeked out that spending the night hiding in the woods seemed like a really good idea.

 

[CdwJava]

South Dakota
So here's the story, my sister was on work release (community transition program) at a minimum security facility, and her husband dropped her off one day, she got UA'd, tested positive for methamphetamine, then left the unit and jumped in her husbands truck. She had him drop her off out near the woods and she spent the night out there and then turned herself in the next day. My question is does this situation constitute the Class 5 Felony charge of "Attempting to Harbor or Conceal", or should it be classified as a misdemeanor? Any advice would be appreciated, her husband has been in jail for about a month and a half already and doesn't have court again for another 20 days. Thanks!

It appears so ...

______________________________________________________________
22-3-5. Accessories to crime--Misdemeanors excepted. A person is an accessory to a crime, if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a felony, that person renders assistance to the other person. There are no accessories to misdemeanors.
The term, render assistance, means to:
(1) Harbor or conceal the other person;
(2) Warn the other person of impending discovery or apprehension, other than a warning given in an effort to bring the other person into compliance with the law;
(3) Provide the other person with money, transportation, a weapon, a disguise, or any other thing to be used in avoiding discovery or apprehension;
(4) Obstruct anyone by force, intimidation, or deception in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person; or
(5) Conceal, destroy, or alter any physical evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person.
A violation of this section is a Class 5 felony.
Source: SDC 1939, § 13.0203; SL 1976, ch 158, § 3-3; SL 2005, ch 120, § 374.
______________________________________________________________

Her husband drove to somewhere she could hide. This would appear to be providing transportation to avoid apprehension, AND dropping her off in a place where she could hide (i.e. be concealed).

Now, there may be some case law that defines this more clearly in SD, but, it appears an argument can be made that hubbie broke this law. Although, I suppose he can argue that he's an idiot and that he had no idea why his wife would have fled her PO's office, jumped into his truck, and requested to be dropped off in the middle of the woods at a time of year when the nightly temps are likely approaching freezing. He might have to show that his wife commonly engages in such behavior, or, that is truly that clueless.

 

[HighwayMan]

The husband could get charged with whatever the prosecutor feels like charging him with. Sometimes they under-charge and sometimes they over-charge. As quincy said, they both need attorneys and not you blabbing about their crimes on a public Internet forum.