Admitting to a crime.

F

FUD

Moderator
Just curious as to exactly what is needed/required in order to be charged (NOT convicted) with a crime?

For example,<UL TYPE=SQUARE><LI> Let's say you make the comment that last week you had to go to a really bad section of town and brought along a gun for protection even though you don't have a CWL and a LEO overhears this statement (by the way, this is just an example as I DO have a CWL). Can he arrest you? After all, you just admitted to committing a crime.
<LI> Or, let's say that you're standing in line with a co-worker at a fast food place and make a comment something to the effect that you were running late for work and ran a red light plus broke about every speeding law in the book (again, this is just an eexample -- my jeep has over 100K miles on it and I'm lucky if I can even get it close to the speed limit) and unknown to you a LEO is in line behind you and overhears your comments. Can he give you a traffic ticket? After all, you just admitted to speeding and running a red light.</UL>I'm not asking if the charges will stick (I suspect that they won't), but if actual charges can be filed against you under these type of circumstances?

[This message has been edited by FUD (edited August 03, 2000).]
 
Misdemeanors and infractions require that an officer reasonably believe said crime has been committed in his/her presence. Your admission that you committed same an hour ago doesn't qualify.

Although a felony doesn't have to be committed in an officer's presence for an arrest to take place, the officer must reasonably believe a felony has been committed and that you are the person who committed the felony. Or, there is a warrant for your arrest.

We have a fellow in my county who confesses to crimes routinely. He did it to me in court one day and I wondered why the court clerks were smiling at me while I ran his name through records. Even the dispatcher was giggling. I had only been working full time a couple of months.
 
It probably depends on how much you're on somebodys sh*t list but after all "anything you say can and will be held against you in a court of law" so I won't be admitting anything illegal at all and for the sake of situation it's probably best to be hypothetical or 3rd person perspective. Of course I'd never do anything illegal anyway ;)
 
Hear no evil, speak no evil... Or in todays P.C. thought control society, speak no evil. Bruels, interesting info on misdemeanors, infractions, and felonies.. Is it just a coincidence that some "gun laws" that have passed make it a felony to even possess certain kinds of firearms? example: PRNYS and the "assault weapons ban"....

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The first step is registration, the second step is confiscation, the final step is subjugation.
 
FUD, wouldn't both of these situations be "hearsay?" I mean, the testimony would be "I heard someone say a crime was committed . . ." I recently sat on a jury, and when one of the witnesses tried to tell the court what someone else had said about the situation, the judge shut him up - and I mean IMMEDIATELY!

Depending on the crime, anything overheard might cause the LEO to start investigating, but unless he comes up with some additional evidence, I don't see this going anywhere.
 
With FUD's question in mind and to anyone who might want to arrest me; everything I've ever said that was an admission to something illegal was a lie. ;)
 
HankB, I don't undetstand the legal aspects (which is why I'm asking the question) but I THINK that heresay is if I heard you admit to somthing and then I told and LEO what you said -- that would be "heresay". If on the other hand, you said it to the LEO (even without knowing it because he might have been standing behind you), then that is an admission of guilt along the same lines as a confession.

But then again, I'm not really sure which is why I started this topic.
 
Greetings,

The hearsay rule excludes testimony about what someone else might have said, if the testimony is being introduced as evidence of the truth the matter asserted in the statement.

There are exceptions to the hearsay rule. Among them are (1) declarations against penal interest (like a confession to a crime) and (2) dying declarations (a person who knows they are dying accuses his or her murderer).

Bruels is 100% correct in his info regarding felony and misdemeanor arrest rules.

I was forty before I learned how to answer questions without being too helpful or revealing. It's the hardest thing in the world to do, and is a valuable skill.

Regards to all,

Ledbetter
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ledbetter:
Greetings,

The hearsay rule excludes testimony about what someone else might have said, if the testimony is being introduced as evidence of the truth the matter asserted in the statement.

There are exceptions to the hearsay rule. Among them are (1) declarations against penal interest (like a confession to a crime) and (2) dying declarations (a person who knows they are dying accuses his or her murderer).

Bruels is 100% correct in his info regarding felony and misdemeanor arrest rules.

I was forty before I learned how to answer questions without being too helpful or revealing. It's the hardest thing in the world to do, and is a valuable skill.

Regards to all,

Ledbetter[/quote]

Thank you . Your answers were very helpful and revealing . <VBG>



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TOM
SASS AMERICAN LEGION NRA GOA
 
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