Legal Question in Criminal Law in California

Re: He had drugs in my house, got arrested and said they were mine. Now he want

Thank you for your inquiry. As Mr. Hoffman ably mentioned, your knowledge of the drugs in the house, or even of drug use in your house, is a key issue.

The statement may not be hearsay, but it would certainly not be admissible if he is not present to testify as to it, or if a foundation could not be laid to introduce this document. You should speak to your attorney about this. You have the right to fight at trial and not accept any plea bargain, but any trial has inherent risks.

I hope this helps, but feel free to email me at [email protected] if you need more information, and best of luck.

Re: He had drugs in my house, got arrested and said they were mine. Now he want

I want to add a few comments to my original answer.

Just because a statement is hearsay does not mean it will be kept out of evidence in a trial. There are literally dozens of exceptions to the hearsay rule -- so many, in fact, that it often seems more hearsay evidence is allowed in than kept out. Your friend's written statement strikes me as falling within the recognized exceptions for admissions and declarations against penal interest. You can subpoena him to testify at your trial, and if he does not admit to his own guilt then you should be able to introduce his written statement and ask him about it. Once he denies the truth of his prior communication, the written document will fall within another recognized exception as it will be a prior inconsistent statement.

Of course, he could deny writing it; you might want to have a handwriting expert handy just in case (Such an expert is not technically necessary, but may be very helpful). The statement won't be admissible as his statement if you can't properly

You say he is trying to enter a guilty plea but you also say he is not a co-defendant. Is he being charged in a different case? If he is not facing charges then there is nothing to which he can plead guilty at all. If he is facing charges and does plead guilty, then you should have an easier time proving that the drugs were his and undercutting the statement which had led the authorities to after only you.

But keep in mind what I said in my earlier response -- two people can possess the same drugs at the same time, so proving him guilty will not be enough to assure you of an acquittal. This is where your lawyer and his detailed knowledge of the case (and of the local jury pool) will come in handy -- if the evidence is likely to get you convicted of possession with intent to sell, then it might make a great deal of sense to plead guilty to simple possession instead.

I have encountered quite a few people who -- despite their lawyer's advice -- rejected lenient deals in order to prove their innocence but ended up getting convicted of much more serious charges and facing much more serious penalties. Offhand I can only think of one of these people who believes he made the right choice.

Re: He had drugs in my house, got arrested and said they were mine. Now he want

The letter he sent to your lawyer is hearsay (you misspelled it as "heresy", which is a very different thing and falls outside the purview of the courts!), but you can try to subpoena your friend to testify. He may admit that the drugs were his, he may take the Fifth Amendment -- which would probably look good for you -- or he could choose to stand by his original statement.

Keep in mind that two people can simultaneously be in possession of the same drugs. If the jury believes you knew the drugs were in your house and had no problem with it, then it can find you guilty of possession even if it agrees the drugs belonged to your friend.

Your lawyer probably knows much more about the facts of your case and the likelihood that you would be convicted at trial, so you should not be too quick to dismiss his advice. Second opinions are important, but you need to actually sit down with an attorney and lay out a lot more factual detail than this web site will permit.