Legal Question in DUI Law in California

Re: Can my responses in Jury Duty be held against me?

Smoke a little weed and you'll relax. Just kidding.

Actually, it's a very interesting question. For all practical purposes, however, I would say that you have nothing to worry about. I say this for several reasons, not the least of which is that in order to arrest you for a misdemeanor, it must have been committed in the presence of the arresting officer. While you could technically still be charged (but not arrested) without the presence requirement, there must be more substantial evidence/allegation of when and where you committed this crime (possession of marijuana or under the influence thereof); it sounds like you were not specific as to those facts, so your admission would not be enough.

I am unaware of any actual rule of immunity from prosecution for statements a juror makes during voir dire. However, attacking the voluntariness of the statement where you are summoned to court and questioned by the judge and prosecutor would seem to give the advantage to the juror. And indeed there may be some limited immunity. There are many public policy reasons which favor a juror's candor in a criminal trial over use of the juror's statement against him (which would have a chilling effect on jurors' willingness to be truthful during voir dire).

Furthermore, it isn't a murder you confessed to, it's a misdemeanor. No one's going to waste the effort to try and charge you on the evidence you described. So relax. And be proud that you were honest, even at some peril to yourself. That is integrity.

Kindest regards,

Jacqueline Goodman Rubio

Attorney at Law

[email protected]

Re: Can my responses in Jury Duty be held against me?

I can appreciate your worries, but you should be fine. To be prosecuted, they have to catch you doing something illegal and then prosecute you. It is unlikely they will have access to or the knowledge of your admissions and their relevance is questionable. In other words, relax and don't worry about it and try not to get caught doing anything illegal.

Martin