Can a testimony in a parole hearing later be used against you in court?
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Can a testimony in a parole hearing later be used against you in court?
I am involved in a medical marijuana case were 1 person is on parole and Iam being subpoenaed to testified on his behalf. He had scales and baggies in his room. The baggies are used to take our medical marijuana to clubs to sample. If I’m in a parole hearing can anything that I say effect me either in court? Will they reopen my case to try and add other charges on my case? Should I speak with a criminal defense attorney? In Los Angeles County, CA.
Asked on August 8, 2010 under Criminal Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your testimony at the parole hearing would be admissible in a subsequent proceeding (hearing).
As to whether or not your case will be reopened and new charges added depends on whether or not it would constitute double jeopardy. Double jeopardy means you can't be tried twice for the same offense. However, it is not double jeopardy if your second trial would include a different offense because the new offense includes additional elements that were not part of the original charges. Additional elements would mean it is not the same offense. Even if it appears to be the same offense, it is not double jeopardy if you are tried by separate sovereignties such as being tried on federal charges and state charges. Whether or not your case is reopened and new charges added also depends on the decision of the district attorney.
It would be advisable to speak with a criminal defense attorney.
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