Legal Question in Criminal Law in California

Confession admissability

My bf was under the influence of drugs and walked up to the police and told them about a crime he did a while ago (hit&run).They took him to jail.Because he was under the influence of drugs and wasnt read any rights,he wasnt even placed under arrest.He just volunteered it.Can it be used to convict him?After sobered up, he recanted. Can this be used against him? Will the judge throw it out because he wasnt under arrest or read any rights?


Asked on 4/05/08, 6:30 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Confession admissability

Unfortunately, everything you say tends to work against your boyfriend, his being on drugs included. Miranda rights exist only when police question someone who is in custody. Statements which are volunteered, whether in custody or not, are admissible in court.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 4/07/08, 5:41 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Confession admissability

Of course the confession can be used against him. Police only Mirandize suspects who are in custody and whom they are questioning. When your boyfriend did this he was not in custody and was not being questioned. Most likely he wasn't a suspect either.

The fact that he wasn't under arrest won't matter. Why on earth would we want to make voluntary confessions by people who aren't under arrest inadmissible? Such a rule would serve no legitimate interest that I can see, and would only help those who confess escape punishment.

The fact that he was on drugs at the time won't help him. In fact, it will probably hurt him since the drugs were almost surely illegal. If so, using them was a separate crime.

Your boyfriend needs a lawyer ASAP.

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Answered on 4/05/08, 7:44 pm


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