Can I be charged for something if my friend broke a guy’s phone out of anger and I do not want to release his name?

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Can I be charged for something if my friend broke a guy’s phone out of anger and I do not want to release his name?

Asked on October 19, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Texas does have some hindering statutes, but they are usually applicable when someone is already being charged, not prior to an investigation.  However, law enforcment does tend to make these statutes apply or use the concealment of evidence statutes to charge people who hinder with investigations. (Meaning the Texas statutes are not an exact fit).... with that being said.... though...
The ultimate decision to charge or not charge you with an offense is up to the investigating officer.  After the officer, it will be up to the prosecutor to follow-through on the charges or not.  It is not unusual for these two differ on when a statute does or does not apply.  This means, that even though the facts might not exactly match, an officer can still arrest you-- even if you are never ultimately convicted.  If you are willing to risk the arrest, then you can withhold the information.  If you do not want to risk an arrest, then disclose the information requested by law enforcement.


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