If someone has confessed to a crime that youve been charged with. can you still be tried the charge?

UPDATED: Oct 1, 2022

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If someone has confessed to a crime that youve been charged with. can you still be tried the charge?

Marijuana was in my home…unknowingly. Police came to get it. The person that it belonged to told them where it was and that it belonged to him a written statement. They did not detain me at that time. They came back to my home a week or so later looking for money. and that’s when I was detained.

Asked on March 1, 2018 under Criminal Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, even if someone else confessed, you can be charged and tried if there is evidence or some reliable reason to think that 1) you were also involved (e.g. as an accomplice or conspirator) or 2) that the other person was not in fact the perpetrator, but confessed to try to "save" you. The issues is not whether someone else confessed or may be punished; it's whether there is evidence linking you to the crime.

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