Legal Question in Criminal Law in California

Arrest and hearings

One of my family's close friends was arrested almost two weeks ago. The details are a little blurry to me,my family is really keeping hushed about this. He was arrested and almost immediately ( arrested on a Wednesday, hearing by Friday) in which he was arrested on 11 charges! He wasn't taken in for questioning, he was flat out arrested.The judge dismissed 8 of those charges and suggested that he get a lawyer since his family wasn't given enough time to get a lawyer (the person pressing charges is a lawyer and managed to move the hearing from a Monday to the Friday before). They didn't even know what he was being arrested for. He got a lawyer finally but because he didn't know the case, he was supposed to ask for an extension yesterday during another hearing. HOWEVER, my family's friend declared himself guilty sometime prior to obtaining a lawyer. I don't know how, but that is what I am being told. My family tells me he declared himself guilty during the arrest. My question is, how/if can you declare yourself guilty during an arrest and can it be dismissed that he declared himself guilty without due representation (he's not American and may have misunderstood)? I may have follow up questions and anticipate your answer. Thank you!


Asked on 4/22/09, 3:19 pm

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

Re: Arrest and hearings

Some people are too stupid to shut up in the presence of police officers. These people are known as "prisoners."

Read more
Answered on 4/22/09, 3:35 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Arrest and hearings

Any defendant, including your friend, is free to plead guilty or confess to a crime any time he/she wants. That said, it does not mean your friend did the right thing and I suggest he should have his entire case re-evaluated by an attorney. If it turns out he should not have taken a guilty plea or made any confessions, there might be a way to undo the damage. It is impossible to tell without knowing more facts.

A confession is a different thing than pleading guilty. A confession is made to the cops. Pleading guilty is done in front of the court, usually when the defendant is accompanied by his lawyer. If your friend pled in court without a lawyer present, and he did not understand English very well, this should be good grounds for having the guilty plea set aside.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 4/22/09, 5:46 pm
Brian McGinity McGinity Law Office

Re: Arrest and hearings

The facts you have provided are a little confusing. However, if you are saying that you family's friend confessed while he was being questioned that happens all the time and it is fine. However, there are a lot of circumstances under which the confession can be found not to be admissible. At this stage you really need to get your friend an attorney. Especially if he does not understand english. If he plead guilty in court your talking about something different.

Read more
Answered on 4/22/09, 7:30 pm


Related Questions & Answers

More Criminal Law questions and answers in California