1. Identify the Issue.
2. Explaine the identified rule.
3. Provide analysis and determination - Analyze VA Code § 18.2-19 against the scenario facts and provide a determination.
Marty the trouble maker is charged with robbing the local 7-11 convenience store in Lorton, VA. Because he is a trouble maker, his parents will no longer allow him to visit or stay with them. He lives in a local park in a make-shift cardboard box home. There are other homeless people in this area. Since Marty began living in the park, he and another homeless individual, Troy, have become friends. After Marty the trouble maker robbed the 7-11 convenience store, he returned to the park and showed Troy the money from the robbery. Troy asked Marty where he got all of the money from and Marty said that he just robbed the 7-11 convenience store and got away. Or so he thinks, what Marty does not know is that there were a surveillance camera that tracked him to the local park and the police are en route. Marty the trouble maker and Troy hear the police sirens approaching the park. Troy tells Marty not to worry he will hide him in his make-shift cardboard home.
When the police approached Troy, they ask if knew where Marty was. Troy responded that he did not. The police looked inside of Marty's cardboard home and do not find Marty and left. Marty believed that he was clean and free and proceeded to go shopping at the local mall with the money he stole from the 7-11 robbery. He was spotted by a police officer who is canvassing the mall on foot and when he approached Marty, he ran. A chase ensued and other officers responded. Marty is apprehended and taken to jail where he acknowledged that he robbed the 7-11 convenience store two days ago and that he was at the park when the officers looked for him; however, Troy hid him and lied to the police officers regarding Marty's whereabouts.
The police return to the park and arrest Troy for being an accessory after the fact to the felony that Marty the trouble maker committed.
Is Troy's arrest valid?
Virginia Code § 18.2-19. How accessories after the fact punished; certain exceptions.
In the case of every felony, every accessory after the fact shall be guilty of a Class 1 misdemeanor; provided, however, no person in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, or servant to the offender, who, after the commission of a felony, shall aid or assist a principal felon or accessory before the fact to avoid or escape from prosecution or punishment, shall be deemed an accessory after the fact.
In the commonwealth of Virginia, a felony is defined as an offense that is punishable by imprisonment.
An accessory after the fact is defined as a party who provides assistance after a crime/felony is committed, i.e., this party is not involved in the actual commission of the felony.
The issue is whether or not Troy's arrest is valid until Virginia Code § 18.2-19 which defines who is an "accessory after the fact."
2. Identified Rule:
The rule of law is Virginia Code § 18.2-19 which defines "accessory after the fact" was someone who provides assistance ...
Virginia Code § 18.2-19 is assessed.