If my husband has been accused of drug possession but I have a taped confession from his friend stating the drugs are his, will this be admissible in court?

My husband and a friend were stopped by the cops. drugs were found when the police did a search of the vehicle. I recorded my conversation with the friend in which he confesses that my husband had no knowledge of the drugs. The friend signed an affidavit stating that the drugs belonged to my husband. My husband has now been in jail for 90+ days.

Asked on July 11, 2012 under Criminal Law, Louisiana


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

First, this recording should have been provided to your husband's attorney (assuming he has one) to give to the Prosecutor because this can be considered exculpatory evidence to potentially dismiss the charges against your husband. However, the prosecutor still has a right to move forward with the charges if they believe your husband acted in concert or also possessed the drugs along with his friend. I would advise you provide this video recording to your husbands attorney immediately if you have not done so already and see where this goes.

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