Description: Kansas City, Missouri criminal defense lawyer represented the Defendant charged with misprision of a felony.

"Misprision of a felony is a crime that occurs when a person has knowledge of a felony that has been committed and fails to report it to the authorities. In order to be convicted of misprision of a felony, the person must have:

Knowledge that a felony has been committed
A duty to report the felony to the authorities
Failed to report the felony to the authorities

The duty to report a felony is generally imposed on public officials and other people who have a special relationship with the government, such as police officers and attorneys. However, the duty to report a felony may also be imposed on ordinary citizens in certain circumstances, such as when the citizen has knowledge of a felony that is about to be committed or is in progress.

In addition to the general elements of misprision of a felony, some jurisdictions also require the person to have taken some affirmative act to conceal the felony. For example, a person who simply fails to report a felony to the authorities may not be convicted of misprision of a felony, but a person who makes false statements to the police or destroys evidence of the felony may be convicted of the crime.

The penalty for misprision of a felony varies from jurisdiction to jurisdiction. However, it is generally considered to be a misdemeanor offense.

Here are some examples of misprision of a felony:

A police officer who knows that a colleague has committed a felony but fails to report it.
A lawyer who knows that a client has committed a felony but fails to report it.
A parent who knows that their child has committed a felony but fails to report it.
A friend who knows that their friend has committed a felony but fails to report it.
A person who helps a felon to escape or hide.
A person who destroys evidence of a felony.

It is important to note that the crime of misprision of a felony is not always prosecuted. Prosecutors may be reluctant to prosecute the crime because it can be difficult to prove that the person had knowledge of the felony and a duty to report it. Additionally, prosecutors may be concerned that prosecuting the crime could discourage people from reporting crimes to the authorities."

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Outcome: 10/27/2023 985 Minute Entry for proceedings held before District Judge Greg Kays: SENTENCING held on 10/27/2023 for Jose Antonio Soto Herrera (20), Count 1ss. Counsel appearing for USA: Robert Smith. Counsel appearing for Defendant: Andy Stein. Pretrial/Probation Officer: Matthew Falkner. Time in court: 10:00 am to 10:42 am. Name of interpreter: Rosario Garriga. To order a transcript of this hearing please contact Annisa Justice, 816-512-5622, annisa_justice@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Strodtman, Tracy) (Entered: 10/27/2023)
10/27/2023 986 JUDGMENT and COMMITMENT as to Jose Antonio Soto Herrera (20), Count 1. The defendant pleaded guilty to Count 1 on July 12, 2022. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 21 months as to Count 1. Upon release from imprisonment, the defendant shall be on supervised release for a term of 1 year. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons by 10 a.m. on 12/11/2023. MPA $100. No fine. No restitution. Signed on 10/27/23 by District Judge Greg Kays.(Strodtman, Tracy) (Entered: 10/27/2023)
10/27/2023 987 STATEMENT OF REASONS (Sealed) as to Jose Antonio Soto Herrera.

Per United States Judicial Conference policy, only authorized recipients shall be provided a copy of the Statement of Reasons absent express prior written authorization from this Court. Distribution is limited to the applicable defense counsel, the AUSA, the Financial Litigation Unit of the U.S. Attorney's Office, and Probation/Pretrial Services. Defense counsel are specifically prohibited from providing a copy of the Statement of Reasons to any defendant for any reason. Pro se defendants are also prohibited from obtaining a copy of the Statement of Reasons.

NOTICE: Document is available to applicable parties only. Authorized users enter PACER login and password first for authentication. The case AUSA shall forward this document to the Financial Litigation Unit of the U.S. Attorney's Office.

Signed on 10/27/23 by District Judge Greg Kays.(Strodtman, Tracy) (Entered: 10/27/2023)

The defendant pleaded guilty to Count 1 on July 12, 2022. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 21 months as to Count 1. Upon release from imprisonment, the defendant shall be on supervised release for a term of 1 year. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons by 10 a.m. on 12/11/2023. MPA $100. No fine. No restitution.

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