Legal Question in Criminal Law in California

If I was convicted of first degree murder but they never found the body I still get 15 to life and when recently paroled I see the person I supposely murdered. Could I kill him and be free of prosecution? double jeapody?


Asked on 9/02/09, 12:02 am

2 Answers from Attorneys

Deirdre O'Connor Law Offices of Deirdre O'Connor

This would be an interesting plot for a book or movie, but it's been done hasn't it? You must understand that no lawyer in their right mind would ever advise you that you could legally escape criminal liability for killing a person whom you were already convicted of killing. The reason for this is that lawyers have ethical obligations to the Court, the State Bar, and the citizens not to counsel or encourage someone to commit murder.

Why would you even consider this? (I assume for purposes this answer that you are, in fact, one of the less than 100 15-to-life murderers that Arnold has agreed to parole.) Clearly you would do yourself more good by clearing your name and having your murder conviction vacated and being declared factually innocent! Depending on the facts that led to your conviction, you may have a civil suit against the state, the police, the "victim," and/or your trial attorney. Moreover, in CA the state will compensate you for time spent in prison for a crime you did not commit. As a wrongfully convicted person, you are entitled to a "maximum of $100 per day of wrongful incarceration available within 6 months after acquittal, pardon, or release" if you can show that you did not "contribute to the bringing about of his arrest or conviction for the crime with which he was charged."

Be happy - vengeance and murder will only bring more turmoil to your life!

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Answered on 9/02/09, 12:44 am
Brian Dinday Law Offices of Brian R. Dinday

No, it would turn out that the victim was actually the original murder victim's twin brother and you'd do another 15 to life. But you'd presumably be paroled again, so maybe think triplets.

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Answered on 9/02/09, 10:14 am


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