Skip to main content

If I recant on a confession for something I didn't do can they arrest me with no proof?

Park Rapids, MN |

It has something to do with a theft out of the impound lot.

Attorney Answers 3

Posted

A confession can be an exception to the rule against hearsay, called an "admission of a party opponent." That means that normally, unless a judge suppresses a confession that was obtained illegally, a confession will be considered "evidence" at trial. False confessions are a serious problem in our criminal justice system, and have been one of the most common causes of false convictions, in cases where the convicted defendant was later exonerated by DNA evidence. There are things that can be done to defend a case where the accused has falsely confessed, but that does not mean that it will not be a battle, or that the outcome will be certain. In cases with confessions, I look first to possibilites of getting a judge to suppress the confession as illegal, then to issues like corroboration. A lawyer may be able to help you win.

Mark as helpful

1 lawyer agrees

1 comment

Frank Mascagni III

Frank Mascagni III

Posted

Great answer, counsel.

Posted

If you admitted to a crime, that is evidence. Can you recant? Sure, but now there are two statements. Your statement is proof. You need to consult with an experienced criminal defense attorney in your area ASAP.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Mark as helpful

1 lawyer agrees

1 comment

Thomas C Gallagher

Thomas C Gallagher

Posted

Great answer as well.

Posted

If you are charged with the crime, then the prosecution will seek to use the confession as evidence against you even if you recanted. It is an up hill battle when there is a confession, but not an impossible battle. Depending on whether the police followed the legal procedure while obtaining the confession, there is a chance to have the confession thrown out.

The best advice is to speak with an attorney in person about this situation. I wish you the best of luck.

Andrew Leone
Leone Legal, PA
612-356-2529
leonelegal@gmail.com

www.LeoneLegal.com

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics