Legal Question in Criminal Law in California

Omission of guilt

I would like to know if a fugitive from the state of california who fled to Texas, and was arrested by Dallas Police...this person was charged with murder and the only suspect to this crime, confessed his involvement with this homicide in california. Yet when he was extradited back to California for his crimes, changed his story regarding his involvement in this homicide case. Can this be done? Does his previous confession mean nothing or hold no weight in a court of law because he was transfered to another state? And can he plea bargin after already confessing to this crime? Thanks so much for you help in this matter....


Asked on 5/06/05, 2:45 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Admission of guilt

If your friend confessed in Texas because he thought California courts only care what he says in California then he isn't very bright. Crossing state lines does not re-write history, and the rules of evidence don't treat statements differently depending upon where they were made. There is a record of what he said and that record can and will be used against him.

He can try to change his story, but the statements he made in Texas will still be used against him in California. His new story will not sound credible unless he has a *very* good explanation for saying what he said in Texas.

Can he still plea bargain? Yes. But his bargaining position is much weaker as a result of his statement in Texas and he should not expect much of a deal. The D.A. may decide not to offer him a deal at all.

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Answered on 5/06/05, 2:57 pm


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