If someone comes to your trial and admits to the crime. Does that mean the charges against you are dismissed?

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If someone comes to your trial and admits to the crime. Does that mean the charges against you are dismissed?

My son and his girlfriend are currently on bail for being charged w/ theift of services. My son’s girlfriend commited the crime but because he is the only one that is over 18 he is being charged as an adult.

Asked on May 28, 2012 under Criminal Law, New Jersey

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Not necessarily. Your son and his girlfriend are in a peculiar situation because they both have been charged with the offense of theft, just that your son charged as an Adult and the girlfriend I take it as a juvenile. The prosecutors must divulge exculpatory information, this is information that would show that your son may not have committed the criminal offense. The problem is that when this information is coming from a co-defendant (girlfriend), the only way to test the truthfulness of her statement is to put her on the witness stand and have her testify to the incident. This would usually be done by your son's attorney. This is difficult because co-defendant's usually will not take the witness stand to implicate themselves further in a crime. Your son's best option is to have his attorney (if he has one) speak with prosecutors to see what options are available to him, including a possible dismissal, if the girlfriend decides to accept full responsibility for the offense and relieve your son from any wrong doing.


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