San Diego, CA asked in Criminal Law and Civil Rights for California

Q: can a person be convicted at the age of 19 for murder and no evidence and no due process in texas

they confessed only by detectives pressure tatctics and recieved a 50 yr sent in tx

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If someone at the age of 19 in Texas is accused of murder but there's no evidence beyond a confession, it's crucial to understand that due process is a fundamental right under the U.S. Constitution. Due process means that before being deprived of liberty, a person is entitled to a fair trial and the opportunity to defend themselves against the charges. Confessions, especially those obtained under pressure from detectives, can be contested in court if they were not given voluntarily.

In such a situation, it's important for the individual to have legal representation. An attorney can challenge the confession's admissibility, argue the lack of evidence, and ensure that the defendant's rights are protected throughout the legal process. The lack of physical evidence and the circumstances surrounding a forced confession could significantly impact the outcome of the case.

Finally, if you or someone you know is in this position, seeking immediate legal assistance is crucial. A qualified attorney can provide guidance, represent the accused in court, and help navigate the complexities of the legal system. Remember, every person is presumed innocent until proven guilty, and the burden of proof lies with the prosecution.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: I am a lawyer in the Palm Springs area of California and do not know the procedures in Texas.

However, Due Process is a fundamental law for all Americans. I suggest he retain or request a public defender at his first court appearance to protect his due process rights, which are handed down by the US Constitution and Bill of Rights.

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