Legal Question in Criminal Law in California
I am australian. My friend is charged with murder in USA and is pleading not guilty. If I visit him and he confesses to me, must I report it to the police?
3 Answers from Attorneys
You probably wont need to report it. Remember if he confesses though you could be a witness and testify what he confessed to. Many jail conversations are recorded so it best if you visit him not to discuss the situation at all.
I agree with Mr. Green. The best thing to do is at the beginning of the visit, tell your friend not to talk about the incident. Otherwise you may be called as a witness and be asked to incriminate your friend. Also a tape of the conversation may be played before the jury.
You probably wouldn't have an affirmative duty to report it. But if you are questioned by the authorities and they ask you what he said, you would probably have to tell them. The same would be true if they subpoena you to testify.
Related Questions & Answers
-
I would like to know if it is grounds for an appeal in a criminal case to appeal a... Asked 3/02/13, 10:20 am in United States California Criminal Law