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If you get arrested for something you didnt do and the person that did it confesses, dont they have arrest him?
My friend(Bob) is a school teacher and his friend just past away. He has been hanging out with his deceased friend's 18 year old brother(Dan). The other evening, the Dan was over Bob's house and a friend of his room mate(Tom) had alcohol. Tom offered some to Dan. Bob said they couldn't do that at his house and fought with them for a while. Eventually he dropped it and went to bed. Bob was awakened by fighting in the living room. Apparently, the Tom said some things about Dan's dead brother and they got into it and Dan left. Someone in the apt complex called the police because of the noise. As Bob walks out of the apt he is met at the bottom of the stairs by a cop and Dan (who is obviously wasted) They arrest Bob for contributing to minors. Tom came down and explained to the police that Bob had nothing to do with it and Tom took full responsibility for getting Dan drunk. They did not arrest Dan and took Bob to jail. He was charged with contributing to minors and could lose his teaching job.

My question is:
If the police come to your house and attempt to arrest you and someone else confesses, shouldn't that person go to jail and not the wrongly accused? Or, shouldn't they both go to jail?

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2009-08-19 15:28:07 +0000
I have a feeling that, much like the Professor Gates incident, there might be some different perspectives on what happened at Bob's house on the night in question. I'm also not sure what the law in your jurisdiction says about contributing to the delinquency of a minor.

In the tough love category, I would say that the whole situation seems entirely too seedy for a respectable school teacher. Your friend Bob needs to get some different people to hang out with.

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2009-08-19 15:26:07 +0000
Hopefully the truth will come out in court. The arrest doesn't matter, it is what happens in court.

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2009-08-19 15:38:10 +0000
Whatever else went on that night, a minor got drunk at Bob's house and Bob was there. That's going to be the issue in court and at his job.

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2009-08-19 15:39:19 +0000
Sometimes they arrest both an give tha one who confess a stiffer charge but ur friend will get out soon because obvious he's not on paper work thell probaly just hav him sit 4 a dryout

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2009-08-19 16:16:31 +0000
First of all, I'm not a lawyer, so this can't be taken as legal advice.

The problem with your account is that all of this took place at Bob's house...and very generally speaking, for something like this (alcohol consumption on the premises), the law holds a house owner responsible for what goes on in his house. The police/DA's position appears to be that if Bob didn't want them to consume alcohol on his premises, he should have ordered them out (or if they disobeyed, forced out by calling the police)...and unfortunately, that's not an unreasonable position, given the fact that Bob is the adult in this situation and is held to a higher standard of behavior.

Now, all that being said, your friend MAY have a defense in that he told them not to consume alcohol on his premises, and they consumed it anyway thanks to Tom bringing it...but a lawyer would have to tell Bob if that's even a viable option...and again, if he was the only adult around and it was his house, he may have some difficulty (legally speaking) in asserting that defense.

Bottom line: your friend needs to get a good lawyer; this is a serious charge because it can affect his professional career. A lawyer will be able to tell him what his options are in terms of mounting a defense against the charges AND any legal possibilities for saving his job.

I wish your friend the best of luck.

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2009-08-19 15:22:12 +0000
Confession is not that good a piece of evidence by itself
People confess for all kinds of reasons. In this case perhaps to get someone else out of trouble.
What is important is what the total investigation reveals, not just a confession taken alone.

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