Legal Question in Criminal Law in New York

question for my creative writing story

my main character has been arrested for murder-the ''real'' killer meets with his attorney to confess and turn himself in-many years later. now, which lawyer does he meet with and what does he say to obtain a reduced sentence & guilty plea for this murder conviction.how long does that take before my main ''innocent'' character is released.because my main character is only arrested and charged.by the guilty party confessing can they bring the same case back before my main character once they have a new eyewitness to determine that my ''innocent'' guy is actually ''guilty'' or is that double jeopardy.


Asked on 4/19/08, 12:53 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: question for my creative writing story

The real killer's attorney will tell him to keep his mouth shut, of course.

What makes you think the court is automatically going to overturn the conviction of defendant #1 just because some other dude later attempts to confess to the crime?

Your grasp of the law is not much worse than that of some of the Hollywood screenwriters employed to work on episodic legal TV series these days. However, you might do better in your creative writing course if you were to, instead, write about topics that are more familiar to you and of which you have specialized knowledge.

Or else do this: Go to your local courthouse and watch a few criminal trials. Afterward, go hang out at the closest bar to the courthouse, and buy a drink for one of the many hard-working criminal defense lawyers you will find there. Ask him or her all your questions.

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Answered on 4/19/08, 2:34 am


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