If my roommate has 2 DUI’sand he failed to appear in court, are my other roommates and I considered to be harboring a fugitive?

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If my roommate has 2 DUI’sand he failed to appear in court, are my other roommates and I considered to be harboring a fugitive?

I live with 4 other people. We all have jobs and no records. Our 5th roomate has 2 DUI’s about 4-5 years old, both which he has failure to appear on. Are we considered harboring a fugitive and what kind of time can he expect if/when he ever turns himself in?

Asked on July 14, 2011 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If he has failed to appear on the two DUI's then most likely there is a warrant out for his arrest.  If you know that there is a warrant and you let him stay there then although you may not technically be "harboring a fugitive" you could be charged with something else like obstruction of justice.  It really depends on how the statute in your state is worded and what affirmative actions you yourself take: like telling the police he is not home or no longer lives there.  I would encourage him to seek legal help and turn himself in.  Otherwise I think that you and your other room mates need to give him an ultimatum about his residency.  Good luck.


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