Can I get in trouble? Legal Issue

[Rono]

Someone I know casually has found themselves in very serious legal trouble, criminal charges have been laid and he is out on bail. He claims to be innocent and will plead not guilty. This person spoke with a friend, who then called me, and told me that the guy admitted guilt and passed on that information to me with some details.
Now, I know the friend is probably going to support this person in court and may not admit that the guy admitted guilt.
Here are my concerns.
There is a victim here and the the victims family is hurting. I don't know the victims.
I have seen the accused out on the street and have spoken to him. I remain distant trying to accept that he is innocent until proven guilty but have not treated him poorly as I see others have done.
I am concerned that others see me as supporting this guy when really I am taking a neutral position for now.
I am concerned legally, and morally, that if he is let off and I have information that could convict him, I could get in some trouble for not speaking up (and I would need to live with the guilt of not saying anything).
On the other hand, he has great kids and a nice wife. I don't want to be the factor that sends him away for many, many years.

 

[Mervyn]

Going to have to wait for a lawyer for this one, but I think the information you have is "hearsay" ,so I don't know if it's admissable in a court of law anyways.

 

[The Fruity Hare]

Going to have to wait for a lawyer for this one, but I think the information you have is "hearsay" ,so I don't know if it's admissable in a court of law anyways.

You may be right, but he is concerned morally as well, knowing that if the facts are true, this person may get away with having harmed the victim and affecting the victim's family without paying for it.

 

[topoon]

Why do people always beat around the bush on these questions? Nobody knows you here. Nobody knows your friend. Why say its serious but not tell us what it is? Is he a rapist? Child Molester? You would probably get truer opinions if you told us what the guy is accused of

 

[mickmasterson]

TERB isn't the best place to get legal advice.

You should call the Lawyer Referral Service and get a free half-hour consultation with a lawyer who practices criminal law. Summary advice should suffice at this stage.

1-800-268-8326 or 416-947-3330
http://www.lsuc.on.ca/faq.aspx?id=1146

Your friend should do the same (separately, with a different lawyer). ASAP.

 

[Anynym]

Call the Law Society and ask for a referral to a legal service with whom you can consult.

While the information you have may well be hearsay (and thus inadmissible on its own), it may lead investigators to uncover evidence which could be admissible. A lawyer can advise you what your own rights and responsibilities are: e.g. whether you should contact the prosecutor's office and/or the defense attorney and advise them of what you do and do not know.

We all have a duty to society; we can't simply pretend that our friends somehow deserve our protection from legal proceedings. Most crimes are solved when the public gets involved.

 

[Rono]

Why do people always beat around the bush on these questions? Nobody knows you here. Nobody knows your friend. Why say its serious but not tell us what it is? Is he a rapist? Child Molester? You would probably get truer opinions if you told us what the guy is accused of

That's because too many details could reveal who the person is, thus possibly me by association in the future. It was in the news.

 

[afterhours]

A lawyer can advise you what your own rights and responsibilities are.

there is no legal responsibility here, only moral one or whatever you want to call it.

It's between you and your conscience, as simple as that

 

[chargerfan]

Someone I know casually has found themselves in very serious legal trouble, criminal charges have been laid and he is out on bail. He claims to be innocent and will plead not guilty. This person spoke with a friend, who then called me, and told me that the guy admitted guilt and passed on that information to me with some details.
Now, I know the friend is probably going to support this person in court and may not admit that the guy admitted guilt.
Here are my concerns.
There is a victim here and the the victims family is hurting. I don't know the victims.
I have seen the accused out on the street and have spoken to him. I remain distant trying to accept that he is innocent until proven guilty but have not treated him poorly as I see others have done.
I am concerned that others see me as supporting this guy when really I am taking a neutral position for now.
I am concerned legally, and morally, that if he is let off and I have information that could convict him, I could get in some trouble for not speaking up (and I would need to live with the guilt of not saying anything).
On the other hand, he has great kids and a nice wife. I don't want to be the factor that sends him away for many, many years.

this is complete bs. u have not even stated what he was charged with. Put down the canadian, or bud light in ur case....

 

[Aardvark154]

the information you have is "hearsay".

Indeed it would be hearsay - I heard from a friend, that you said.

Morally perhaps you feel you are holding out, speak with your pastor/priest. As to the legal end of it, from what you wrote at this point there is really nothing to testify about.

 

[afterhours]

Indeed it would be hearsay - I heard from a friend, that you said.

Morally perhaps you feel you are holding out, speak with your pastor/priest. As to the legal end of it, from what you wrote at this point there is really nothing to testify about.

and even if there was, there is no duty to report to cops or to cooperate

 

[freestuff]

and even if there was, there is no duty to report to cops or to cooperate

No duty to cooperate with the cops? I wouldn't take that stand if the cops called him in and asked him to answer some questions. It could lead to an obstruction of justice charge. But unless the cops call you on then yeah you have no legal duty to say anything. And like others have said, it would be hearsay evidence and inadmissible in court but you could be asked to testify to discredit the character of the witness if the witness testifies in court. But that's unlikely and it's not really the issue here. If your "friend" did something "bad" then you have to decide what your "moral" obligations are. There is nothing that anyone on this board can say to help you make that decision. GL.

 

[HOF]

That's because too many details could reveal who the person is, thus possibly me by association in the future. It was in the news.

Post a link to the story!

He got bail? How recent was this? You say the accused has a wife and children will they be the next victims?

 

[fuji]

If this guy told your friend something, and your friend told it to you.. it's hearsay. Not admissible in court. It might be useful to the police, as it might guide their investigation, but it's not going to be something that in and of itself can be used to convict him.

Want to do something anyway?

Call the crimestoppers number. Remain anonymous. Relate to them what you know. They will pass it on to the police, who will use it in their investigation, and you will have done your bit. You will be able to go to sleep at night knowing that you didn't do nothing, that you did what you could. Any more than that is useless because YOUR testimony is worth nothing.

If that's not enough for you, if you REALLY want to intervene, then call the crown and tell the crown what you know. They'll let you know whether it's helpful or not.

As for whether you will get in trouble: No you will not. If you keep your mouth shut and say nothing you will NOT get in trouble. The only way you would ever get in trouble is if you were called up on the stand and you lied. Although you may feel that you have a moral obligation to come forward (and you probably do have that obligation) you don't have a legal obligation to do so. The nearest legal concept that you would worry about is being an accessory after the fact--but that would require you to be more involved than you are.

 

[ksr2003]

As per fuji's previous thread, it wold be best to out-source this matter to someone overseas who can resolve the problem for a few rupees

 

[fuji]

As per fuji's previous thread, it wold be best to out-source this matter to someone overseas who can resolve the problem for a few rupees

lol

between today and the reality of that is an accredited law school in india and a few years for it to produce some graduates.

 

[fmahovalich]

The guy who heard him confess.....can go to court, tell the police what he knows, provide a statement and testify.

It is not heresay....however, the accused guy might call him a 'rat'.....

Depending on the charge who cares if he is a rat!

Now to the O.P. - yes it is heresay for you..HOWEVER....if your friend goes to court...perhaps testifies to help his friend....and you find that HE LIES.....in other words commits perjury....then you have a decision to make....DO you speak to the Crown and tell them about the perjury!!

A moral issue - I know!! In the end..you may get your friend convicted for perjury, with the real perpetrator having gotten off.

Then you have a real issue on your hands....your friend calls you a 'RAT' for squealing about perjury...and the ORIGINAL criminal still walks..perhaps bolstered with support from his acquital and a growing number of new people who support the 'innocent' man...further ostracizing the victims family...

When it comes to a MORAL DILEMMA such as this....always think of the TRUE VICTIM!!!

And hold your head high!!

 

[Rono]

Thanks Everyone,
You help is much appreciated. I considered the crimestoppers call but was not sure if that is something they would care about. I also like the line from FMH, "always think of the victim", and that is what my gut is telling me. If it was not for the victim, it would be a no-brainer.

 

[Brill]

I'm sure the crown already knows he's guilty because they're proceeding with the case, so telling them won't change things.
It's up to them to prove the guilt, it's okay to plead not guilty and force them to make their case.
The friend he admitted his guilt to could be called as a witness though, you could help the crown by informing them that someone heard a confession.

If he's put away, will you be taking care of his wife's needs? Is she hot?

 

[Ceiling Cat]

Going by my opinion ( you have to remember I am a cat and not a scummy lawyer ) You only have an obligation to divulge what you know if questioned by the police. Morally, if you know that the family is hurting then I am guessing that you feel that the perp has done a great injustice to the victim and his / her family. There must have been some great bodily injury or loss of money or property. Many are treating the perp poorly because they suspect that he is guilty, you and your friend that told you of his guilt know that he is guilty. He is the factor that may cause him to be sent away for many many years, not you.

No matter how long, no matter how far, Super Cat would step up and make sure justice was done!