Legal Question in Criminal Law in California

My husband is in custody pending a attempted murder charge and assault with a deadly weapon. The man that actually commited the crime gave a statement confessing to the crime. My usband is still in custody his next crt date is a preliminary hearing but witnesses are saying my husband did it. Can the witnesses testify if they were under the influence? Are they crediable witnesses and if the man that commited the crime confessed can they still hold my husband in custody after the preliminary hearing?


Asked on 7/29/09, 9:06 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Unfortunately, they can hold him even after a confession, because people do sometimes make false confessions. It is up to the judge at the preliminary hearing to decide whether the evidence is credible enough to support a guilty verdict if it went to trial. The prelim is a very short hearing and the District Attorney needs much less evidence there than at a trial. But have your husband authorize his lawyer to talk directly to you and ask him or her. His lawyer will know much better than anyone here.

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Answered on 7/29/09, 9:11 pm


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