Cochran, GA asked in Criminal Law for Georgia

Q: Buddy of mine admitted guilt while under the influence. Does this still hold up or can he argue that he was too impaired

He was charged with minor consumption and public disturbance charges.

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Glenn T. Stern
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Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I'm not sure that "I was under the influence when I admitted guilt" is a winning defense for a "minor under the influence" or a "public disturbance" charge. If you're arguing that you are too intoxicated to be believed at the time you made the confession-why would the court find you more credible now as you deny it? Admittedly, your memories were created at a time when you were not sober.

The court would likely consider your condition when weighing the credibility of your statement, but it probably wouldn't keep it out entirely. And likely, the police would have other evidence apart from your confession to corroborate the self-incriminating statement.

Without having the specific facts of your case and an opportunity to review the evidence, it's difficult for an attorney to say one way or the other how your statement might be treated by a court. And of course, there may be enough independent evidence that the s prosecution wouldn't even need necessarily to rely on the confession.

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