Accessory After the Fact (Penal Code 32)

This is one of the most upsetting calls we take, because the person in custody often did not commit the underlying offence at all. Penal Code 32 reaches what somebody did afterwards — and it frequently catches family members.

What the statute requires

Penal Code 32 applies to a person who, after a felony has been committed, harbours, conceals or aids a principal in that felony, with knowledge that the felony was committed, and with the intent that the principal avoid or escape arrest, trial, conviction or punishment.

Three elements do the work: a completed felony by someone else, knowledge of it, and intent to help them avoid consequences. Being present, being related, or refusing to talk to police is not the same as any of those — but the arresting agency does not resolve that question, and bail is set from the charge as booked.

Felony or misdemeanour

It is a wobbler. Penal Code 33 sets the punishment and the prosecutor decides how to charge it. That decision matters enormously for bail, because the schedule treats felonies and misdemeanours very differently — see felony bail and misdemeanour bail. A case booked as a felony can be filed as a misdemeanour, or not filed at all.

The charges it travels with

PC 32 rarely stands alone. Where the allegation is that someone agreed in advance, the charge is conspiracy under PC 182 instead, which is treated far more seriously. Where the allegation involves pressuring a witness, it may be dissuading a witness under PC 136.1. Where property is involved, receiving stolen property may be charged as well.

The practical warning

If a relative is in custody and you are being asked questions, understand that the line between supporting someone and aiding them is a legal question with real consequences. And remember that jail calls are recorded and routinely used as evidence — see inmate phone calls. Discuss logistics; do not discuss the case.

Working out the amount, and what can change it

The figure comes from the countywide schedule Penal Code 1269b requires each county’s judges to adopt and revise annually. A judge may raise bail under 1269c, a hearing may be required in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing here is legal advice and we cannot predict how any case will be charged or resolved. Charging decisions are made by the prosecutor. California bail license 1841014.