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

Asked over 1 year ago - Park Rapids, MN

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

Attorney answers (3)

  1. Thomas C Gallagher

    Contributor Level 17


    Lawyer agrees

    Answered . 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.

  2. Andrew M. Leone

    Contributor Level 20


    Lawyer agrees

    Answered . 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


  3. Frank Mascagni III

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more
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