Legal Question in Constitutional Law in California
Admission of Guilt/Confessions
What happens if a defendant in a small claims court hearing, states he gave drugs to the plaintiff to pay off a legal binding agreement/contract that the defendant in reality defaulted on??? Is it considered a confession and can he be arrested by the Marshall in court?
FYI - Defendant is known convicted drug affender...however never been convicted of dealing drugs (anphetimines sp?)
1 Answer from Attorneys
Re: Admission of Guilt/Confessions
Sounds to me like enough information to justify an arrest, although an arrest isn't necessarily likely. It is indeed akin to a confession (under evidence law it's called a declaration against penal interest, and will be stronger because he was probably under oath at the time he said it) and can be used against him in a subsequent prosecution.
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