In Illinois, a person can be charged for a crime they never committed. Our state has a law of accountability, which can be hard to understand fully. Glasgow & Olsson’s experienced criminal defense attorneys can help if you or a loved one have been charged under the theory of accountability.
What Exactly is ‘Accountability’?
In Illinois, a person can be legally responsible for the criminal conduct of another person under certain circumstances. To charge someone under the theory of accountability, the state must prove the following elements:
- The person either before or during the commission of a criminal offense;
- And with the intent to promote or facilitate the commission of the criminal offense;
- Knowingly solicits, aids, abets, agrees to aid, or attempts to aid the other person;
- In the planning or commission of the criminal offense.
According to the law of accountability, a court can use several factors to determine if a person is accountable for the criminal acts of another person. This includes but is not limited to:
- Acting as the lookout for the criminal offense.
- Fleeing the scene after the commission of the crime.
- Failing to report the incident.
- Accepting illegal proceeds that resulted from criminal actions.
Can I Be Charged Under Criminal Accountability Laws in Illinois?
It is important that when you are facing any criminal charges, but especially under accountability theory, you seek qualified and talented criminal defense attorneys as soon as possible. At Glasgow & Olsson, we will review the specific facts of your case to determine whether an accountability charge is appropriate and if there are any defenses available to you.
Under accountability, you actually do not have to be present at the scene of the crime when the crime occurs. However, presence at the scene can provide evidence that the defendant was involved in the criminal offense. Instead, this offense focuses more on proving that the defendant shared criminal intent to plan or participate in the crime with the ‘principal.’ The ‘principal’ is the primary offender in the situation.
Illinois state law specifically explains that the defendant will be legally accountable for the principal’s conduct where the defendant has the mental state to commit the crime. Where a defendant does not have the proper mental state to be considered liable or they are incapacitated for some reason, that defendant may not be able to be charged under accountability theory.
What are the Situations Where I Cannot Be Charged With Accountability?
State law describes unique situations where a person cannot be accountable, including:
- The individual is a victim of the criminal offense committed;
- The offense is so defined that their conduct was inevitably incident to its commission; or
- Before the commission of the criminal offense, that individual terminated their offer to promote or facilitate the commission and does one of the following:
- Wholly deprives their prior efforts of effectiveness in that commission,
- Gives timely warning to the proper law enforcement authorities, or
- Otherwise makes a proper effort to prevent the commission of the offense.
Glasgow & Olsson Criminal Defense Attorneys are Here for You
If you need representation for any criminal charge, including under the law of accountability, in Cook County, Glasgow & Olsson is uniquely qualified to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.