When you are being investigated for a crime, like say dowloading illegal music,then while you are being interviewed you confessed another crime (you commited 5 years ago),such as armed robbery would they also investigate that armed robbery case or just charged you with it?
That should be a good lesson: don't speak to the police without a lawyer present. As far as your confession goes, Attorney Bogan is correct. You cannot be convicted on a confession without more. You also cannot be arrested without probable cause that a crime was committed and you comitted the crime. The police will no doubt investigate.
I would guess they will be a lot more interested in the robbery than the music, although it might be too old. I don't know what the statute of limitations is in Cal. but in fed. court it is typically 5 years. The police can not bring a charge based just on your admission. They need to investigate to determine that there was a robbery and that you did it. If they find that evidence they can charge you. Probably it would be in two different charging documents because the two cases are too different to be charged together.
The lawyer answer, which really in fact is the only correct answer is: It DEPENDS.
The police could and likely will use what you say against you in the armed robbery matter and further their 5 year old robbery investigation ... it is up to the police investigating that robbery matter to determine if they have enough against you to submit their findings to the local prosecution agency for filing. Therefore, the police could decide to keep investigating the robbery or they may decide not to and put the investigation on ice so to speak [if these cops feel that even with your admissions, they would not have enough to submit the matter to the prosecutor for filing].
The police will decide what they will do, but please note that the police CANNOT and DO NOT charge people with crimes; the police do not have authority to charge those with crimes. Only, the local prosecuting agency with proper jurisdiction over the matter has the power to initiate a criminal matter against someone. So, often times, cops will investigate a case, prepare reports, preserve evidence, submit their materials to the prosecutor [hoping the prosecutor will file charges] but the prosecutor elects to reject the case for fore go filing the case [for what ever reason ... a reason that we wont usually know].
Assuming the cops want you for both matters and the prosecutor agrees and files on you for both incidents, then please note that it would be unlikely under PC 954 to join a pirating charge with a robbery charge b/c both incidents would appear NOT to be transactionally related. Thus, if both matters turned into criminal charges/filings, then I would anticipate both matters to be filed separately thereby initiating 2 separate cases against you. The prosecutor could however, in that situation and depending upon the circumstances, move to consolidate both cases such that both incidents become part of one case - but consolidation is also unlikely b/c the test [other than judicial economy] is essentially the same as the 954 analysis [the joinder statute] as interpreted and discussed by our higher courts here in Cali.
I cannot, without more information, tell you what the charges are or will be, if anything.
But please note that armed robbery typically and depending upon the circumstances is a state filing whereas downloading illegal music [again depending upon the allegations] could be a state and/or federal criminal filing. Piracy can be a federal offense,
Hope this helps with your questions.
Note that the law of confessions gives criminal defense lawyers grounds to exclude confessions if the facts lends themselves to it. Confessions may be excluded under the 14th Amendment's Due Process Clause as applied to the states [through the "Incorporation Doctrine], the 5th Amendment/Miranda, the 4th Amendment under Brown v. Illinois, 422 U.S. 590, 602, 95 S.Ct. 2254
(U.S.Ill. 1975.), and the 6th Amendment [when the admissions are elicited post-charge.
Hope all of this helps and good luck to you.
This is a "what did you just say" question.
Robbery is found under Penal Code section 211 in California The crime may have timed out through the working of the California Statute of Limitations. (See Penal Code sections 799-805.) The statute of limitations, generally is as follows: crimes punishable by life or death, no limitation period; crimes punishable by imprisonment in state prison for eight years or
more or by imprisonment pursuant to subdivision (h) of Section 1170 for eight years or more shall be commenced within six years after commission of the offense; prosecution for an
offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.
I believe robbery falls under the 3-year statute of limitations. That is, first degree robbery is punishable by 3-6 years in the state prison, and second degree robbery by 2-5 years in state prison.You may be in luck, but talk to an attorney first and keep your ever loving mouth shut. The Miranda Warnings are not just window dressing: "any statements you make can and will be used against you in a court of law."
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