Legal Question in Criminal Law in California

If im being falsely accused for a crime that someone else did if that person admits to my lawyer should the case get dismissed


Asked on 3/21/12, 5:28 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

That's not nearly enough to get the case dismissed. Whether to dismiss it is up to the prosecutor, not your lawyer. The prosecutor might believe this other person's confession if she hears it herself, but the other person has a strong incentive not to go to the prosecutor. After all, if he persuades the prosecutor then he will likely be prosecuted on the same charges.

Bear in mind that the prosecutor does not have to believe what this other person says. Also bear in mind that, depending upon the charges, it is possible that you and the other person are both guilty -- in which case his confession will not negate your guilt.

If you have a lawyer, she should have explained these things to you already -- assuming you asked her before coming to us.

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Answered on 3/21/12, 5:37 pm
Brian McGinity McGinity Law Office

I agree completely with Mr. Hoffman. I also agree with him regarding your attorney explaining the situation to you. If you already have an attorney you should not find it necessary to ask questions on this type of site. You paid your attorney to assist you so ask them these questions.

Good luck

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Answered on 3/21/12, 6:10 pm
Joe Dane Law Office of Joe Dane

It's a little more complicated than that. Your lawyer will best know how to handle this situation - it depends on whether the person truly is willing to take the blame in court, whether or not there is corroboration of what they say, etc.

You have a lawyer. THEY should be the one to answer your questions about your case.

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Answered on 3/21/12, 6:16 pm
Glen Fleetwood Mister DUI-800-468-2-502

I always believe if my client knows who "really" did it, they have to have been involved. Were you there when the crime took place? How do you know who did it, "really".

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Answered on 3/21/12, 6:31 pm


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