If you are arrested for a crime and want to minimize the consequences, one option that may be available to you is to testify against someone else. If you are like most people, you have learned everything you know about this from TV shows. Read on to find out how it actually works and then contact Law Office of Michael L. Fell at (949) 585-9055 if you are in need of a criminal defense attorney.

Your statements may not be admissible

If the police promise to offer leniency or immunity then it is likely that your statements would be inadmissible in court. Why? Because the court would consider that statement a product of an offer or promise. Whether implicit or explicit, if the police offer immunity from prosecution, a reduced punishment, or that the charges will be dismissed altogether, then the statement will not likely be admissible.

The promise must come from a person in authority

In order for your statements to be found inadmissible, your criminal defense attorney will need to show that the person who offered leniency was a person in authority. This must be either a prosecutor or a law enforcement member. For example, if your cellmate convinced you to confess to something with the guarantee that it would reduce your sentence, your statement is going to be admissible because that cellmate did not have the authority that would convince a person to believe them.

That said, if a person does not have the authority but you reasonably believe that they do, then your statements may be inadmissible. For example, if a person comes to the jail and identifies themselves as a member of the prosecution team and they are not, then it is still likely to have the statement dismissed because you reasonably believed they were.

Collateral benefits are not protected

This does not mean that the police or prosecution cannot offer you anything for your statement. For example, they could offer what is known as a collateral benefit. This means that what they are offering does not have anything to do with the charges. For example, if the police offer to help your brother find a job in exchange for your statement, then this is unlikely to be dismissed as evidence.

There is a fine line between many aspects of these cases

As you can imagine, the difference between a collateral benefit that is admissible and one that is not is a fine one. Likewise, the difference between what a police officer and prosecutor can and cannot offer is a fine line. If you are facing any type of crime, whether a drug crime or a cybercrime, you should always contact an attorney before speaking with police or the prosecution.

Now is the time to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. Do not speak to anyone about your case until you have talked to an attorney.