Legal Question in Criminal Law in California
murder without conviction
I know of someone who grew up in a mafia and committed some serious crimes involving drugs and including a murder. This happened when he was a teenager and was a result of a drug deal gone bad. Because of its nature, I'm pretty sure it never even got reported so he was never convicted and (I think) has a clean record. He realized on his own several years ago that the life he had wasn't what he wanted, so he moved, started over, and is now a productive member of society that is interested in getting baptized into a church. However, he wants to be thoroughly clean and doesn't know what the consequences will be if he turns himself in. It seems like it would be detrimental for him to do so if the court would rule that he needs jail time for something so irrelevant to his character now and so far in the past. From what I can find, murder is the one thing that can't go without serious punishment. What do you think the court will sentence him to at this point? Can he just be on probation? He hasn't done anything illegal since he moved years ago and really seems to be a genuinely good person now.
3 Answers from Attorneys
Re: murder without conviction
There is no statute of limitations on murder, so your friend could still face charges.
If convicted of first degree murder, it's a mandatory sentence of 25-life (at least it is under current sentencing laws - you don't say when this happened). Your friend would face the laws at the time of the murder.
If your friend truly is intent on turning themselves in on a murder charge, they should have a long heart-to-heart talk with a criminal defense attorney. There are too many factors in play here to give an adequate assessment on this site.
I'm in Southern California. Let me know if I can help.
Re: murder without conviction
You didn't say where this killing occurred or how it was done. Those factors will influence what sort of sentence your friend receives. If the crime really was a murder (not all homicides are) then it is hard to imagine he would just get probation. It is easier to imagine him growing old and dying behind bars. There are plenty of alternatives in between that also might come to pass.
Your friend should consult with a criminal defense attorney in the jurisdiction where the killing occurred. That's the best way to find out what awaits him if he turns himself in.
Re: murder without conviction
Tell your friend to forget about seeking forgiveness from the courts. It's not going to happen! The criminal justice system is not interested in rehabilitation, character, or redemption. If he admits to murder, he will face the consequences that all murderers face - a lifetime in prison.
There are many ways that your friend can atone for his uncharged crime. He can volunteer in the community to help young people choose a better path. He can do something, anonymously, to help the family of the decedent. He can life a good life and touch a number of lives in a positive way. Rotting away in jail for the rest of his life will not help anyone.
Tell your friend to make his peace with God and leave it at that! Any defense lawyer who would advise your friend to come clean is not doing right by his client.
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