What are the risks of being involved with a friend in a high profile theft case?

Question

I have a close friend involved in a high-profile case, and has been released on bail.  I've never had a friend that has been accused of theft like this, investigated by the FBI.  I really feel my friend, who is released and with a family member needs some support right now. What is my exposure/risk etc. I face talking to my friend?  Should I ask him to have an attorney on the phone just so that we can talk?  I really don't want media questioning, in addition I'm somewhat fearful the other person involved might find out and suspect I may try to defend.

Jacob P. Sartz · Answer

I'd advise you to retain an attorney to assist you with this matter. It's always  complicated when a friend finds themselves in these situations. What you say can  and will be used against you or your friend if you are ever ultimately charged  in connection with this matter.  Your exposure is being potentially investigated yourself as either a possible  witness or accomplice. While there are the occasional exceptions, your  conversations with your friend are generally not considered confidential and are  generally not privileged pursuant to the rules of evidence. You may be asked to  testify against your friend if they believe your friend admitted guilt to you.  You, however, also have a right to remain silent if what you say may be  self-incriminating. Your friend may have alternatives to find emotional support  and could find that support in a more confidential setting.   If the authorities view you as a potential accomplice and if they have enough  evidence, you could face charges yourself. I'd recommend you consult with an  attorney and advise against you talking to your friend about the case unless you  are fully aware of the potential consequences.

Jared Austin · Answer

You can still remain friends, just being aware that the dynamics of that friendship may change. You can always refuse to speak to the media or anyone else that wants to question you about the case. You don't need an attorney present to talk to him, but it's a really good idea not to ask him anything or discuss anything about the case because you could be called to testify if the prosecutor found out.

Stephen Freeborn · Answer

You can certainly talk with your friend; however, whether or not it is justified, be careful of guilt by association.  Also.  Anything your friend may tell you is not privileged communication.  You could be subpoenaed into court and required to give testimony as to what you and your friend talked about.

Paul J. Wallin · Answer

If you are concerned about having contact with him then you should do so in person only. If you want our legal help we have been representing high profile defendants for well over 30 years.

Geoffrey MacLaren Yaryan · Answer

Talk with him all you want, however not about the case. If he has an   attorney, he or she should tell him not to discuss the case with anyone;

Eric Sterkenburg · Answer

If you have no connection with the crime you should be safe in giving support to your friend.

Seth Bloom · Answer

You should be careful not to expose yourself to criminal liability. If you are aware of illegal conduct that does not go reported, you could potentially face charges as an accessory after the fact.  It is unfortunate that you should have to limit your contact with your friend but you should make it clear to him that you do not have any desire to discuss the issues or case with him. His attorney will likely have advised him not to discuss the case with anybody anyway (and it is unlikely that it is a topic of conversation that he will want to dwell on anyway).  Try to be there for your friend in ways that do not involve discussing his pending charges.

Andrew Subin · Answer

Its no crime to talk to your friend.  However, encouraging, aiding, supporting him in committing any crime would get you in trouble.

Michael J. Breczinski · Answer

There are little or no risks (legally) to just being a friend if you do nothing wrong. IE hide proceeds of the theft etc. Socially people could look at you funny if they think that you are hanging with this thief. They might think you are just like the person. But this is a call you have to make friendship vs public opinion.

Roianne Houlton Conner · Answer

At this point I would avoid talking with my friend.  I would send a note telling them that I support them but no talk on the telephone nor face to face until the matter is resolved.

Terry Nelson · Answer

Risk?  If you are involved in the crimes, or the police think they can show you are, you could be charged the same as him.  If youre not, then there is nothing to fear.  If you associate with him publically, you risk publicity. Nothing is going to change that.  If subpoenaed as a witness, you can be compelled to testify about anything you know.  This is all TV cop show and general knowledge stuff.

Thomas Tomko · Answer

If you are not involved, then you should not fear risk of charges.  However, you could be investigated.  I hope that this was helpful.

Craig Elhart · Answer

Being a friend should not impose any risk of penalty on you if you are not otherwise involved.

James Schoenberger · Answer

If you are not involved in any of your friend's alleged activities, you should have no worries.

Cynthia Henley · Answer

What? The risks involved because yolu are friends with someone with a high profile case? I guess you could be chased by reporters wanting information. You could be contacted by defense lawyers & investigators wanting character references. You could be contacted by prosecutors or other law enforcementif they think you have information.  If you feel you need a lawyer to monitor your "friendly" conversations then just don't talk to him. If you have fears about retaliation from others, then don't talk to him.  Doesn't really sound like you are much of a friend.

Gregory Casale · Answer

There is nothing wrong with talking with your friend to support him in a difficult time. However, it would  not be wise to speak about his crime or facts related to his case. It is far more of a risk to him than you. Just assume that the police or FBI are monitoring all of your conversations, which they very well may be doing. Keeping this in mind, you can speak with him about things other than his crime. If he wants to speak about his crime I would advise against it. You do not want to be privy to any facts related to his case or its investigation. Ask him to speak to his attorney about it before you and he speak.

Jared Altman · Answer

I didn't follow all of your question but there's nothing wrong with being supportive of your friend. Just be very careful that you don't do or say anything that may implicate you in his troubles or any other kind of foul play or criminality whatsoever.

Michael Maltby · Answer

You can talk to your friend all you want and without an attorney. And you do not have to answer any questions by the media assuming that you are even asked. It is up to you whether you talk to your friend and whether you let others influence who you associate with.

Andrew Myers · Answer

You used the word "friend" 5 times in the query, leading me to question why you are trying to convince yourself that this person is really a friend. If you were involved in the theft you have direct criminal liability.  If you knew about it before and/or after your real problem is accomplice liability at some level.  Do not post any additional facts on any public forum including this one.  Retain an attorney for yourself and ask specific questions only in that context.

Michael Morgan · Answer

I have a lot ( too much) experience with the media-the media won't normally care about the friends of any defendant.

Loren M. Dickstein · Answer

You have to do what is right as a friend. The best thing you can do it tell your friend to get a good Michigan Criminal Defense Attorney who will fight for him!

Joseph Dane · Answer

You're being incredibly vague, and that's best for a public forum such as this.    There is absolutely no crime in being supportive to your friend, but don't put either of you in a tough spot.  Don't discuss the facts of the case and do NOT solicit information from them about the case.  There is absolutely no privilege between you and any admissions they make could be forced from you under subpoena in court.    If you're concerned that you're implicated in any way, then you should seek your own independent counsel in a criminal defense attorney in your area.

Maureen Baldwin · Answer

Normally, your friend's attorney will not allow him to discuss the facts of the case with anyone. I am not sure why you are afraid that talking to your friend will make you somehow liable. I certainly know nothing about his case, so I cannot advise you if it is reasonable to fear possible liability based on your association w/your friend before the arrest.

Eric Schurman · Answer

Unless you're somehow involved in the theft, I can see no legal reason  for you to cease contact with your friend.  You may choose to distance  yourself for other reasons.  At the very least, I would advise you not  to discuss the allegation with him at all.

Timothy Klisz · Answer

Stay away. Rather run away. You could be an accomplice, an accessory after the fact or worse.

Robert Watkins · Answer

If you were not involved in the crime itself, and you provide no   criminal support or advice to impede the investigation after the fact,   then you should not be at risk to be charged.

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What are the risks of being involved with a friend in a high profile theft case?

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