On behalf of Anaya-McKedy, P.C. posted in Drug Sales & Distribution on Friday, January 9, 2015.
Often we have clients confused how they are charged with a crime when they were not actively involved with the crime itself. The answer, they are charged under the theory of complicity. Colorado has enacted the statute of complicity stating, “A person is legally accountable as principal for the behavior of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, or encourages the other person in the planning or committing the offense.” C.R.S 18-1-603
To break this theory down, the District Attorney must show that the crime was actually committed, that you had knowledge the person intended to commit that crime and that you helped the person plan or commit the offense. This gets a little tricky because there doesn’t have to be a formal agreement and you may not even benefit from the criminal act. In some instances you don’t even need to be in the same state when the crime is committed to be charge with that exact crime.
For example, simply driving someone to a bank that they rob could result in you being charged with bank robbery. You may never go into the bank or even get any of the profits. The act of driving is considered helping the person in committing the crime.