Legal Question in Criminal Law in California

Admitted Guilt, No Hope?

A man I know, along with two other men, were arrested in January of this year and charged with a 641.3(a), commercial bribery exceeding $1,000 (I�m surprised my friend wasn�t charged with embezzlement or grand theft instead). He freely, willingly, AND stupidly admitted his guilt on audiotape to the Justice Dept. and also to the local Police Dept. He also told both agencies that the items he acquired were for personal use and not for company use.

The above charge against the other two men was reduced to a misdemeanor with community service and probation because they were smart enough to refuse to talk to the investigators without attorney representation. Based on my friends admission of guilt, the AG�s office will not negotiate or plea bargain with him and they are holding him to the original charge.

Incredibly he thinks he can fight this and his preliminary hearing is set for July. This felony charge carries a sentence of 16 months, 2 years, or 3 years. He�s had a clean record prior to this happening. What kind of a sentence do you think he�ll get since he wasn�t smart enough to keep his mouth shut? I think the AG's office will have a field day with him, what do you think?


Asked on 6/07/05, 1:50 pm

3 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Admitted Guilt, No Hope?

Your friend's admission on audio tape may or may not constitute an admission. I would have to see a transcript of it, or hear it myself. If it was an admission, was it coerced? Was it freely and voluntarily given without duress? The admission may be challenged in a number of respects, but your friend must see a criminal defense attorney. It's rather funny that the AG's office won't negotiate, since your friend can recant his admission at any time. That would require the AG's office to prepare for trial. Call me to discuss this, if you wish.

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Answered on 6/07/05, 3:30 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Admitted Guilt, No Hope?

There is always hope, but I would need more facts before I could say how much or how little hope your friend relistically has. As Mr. Iadevaia points out, there are ways to fight even when the defendant has said something stupid. It doesn't sound like your friend is in a very good position to fight, but with more information I might feel differently.

But whether he has a good argument or not, there doesn't seem to be much harm in going to trial. If the prosecutor is unwilling to offer him a plea bargain then he can't have one, and his only options are to plead guilty as charged or go to trial and hope for a win. At least a trial gives him some chance of winning; being convicted at trial would leave him no worse off than pleading guilty.

There are judges who sentence defendants more harshly after a trial than they would have if the defendant had accepted a deal before trial. Since there is no deal for your friend to accept, I don't see that he has anything to lose (other than legal fees and costs) by letting a jury decide the case.

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Answered on 6/07/05, 4:35 pm
David Lupoff Law Offices of David B. Lupoff

Re: Admitted Guilt, No Hope?

It's difficult to say what sentence your friend would get without knowing all the facts to the case and knowing what judge this matter is before.

The two other attorneys who responded to your question earlier properly outlined whatever possibilities may exist so there is no need for me to cover that ground again. However, if you find counsel who can give you solid opinions as to what will happen, I recommend that you run the other way and/or call me or the other last two attorneys who properly responded to your question.

Good luck.

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Answered on 6/07/05, 6:08 pm


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