i finished the SPOILER START(highlight it): forsworn conspiracy SPOILER END. and as you know got framed for the murders but since i could, fought off the guards and decided to kill the prison guards. so now whenever i go to the town the guard tries to arrest me but cant since there are no prison guards is there any way to fix this?

OK I'll say it.Previous save?If you don't have one, shame on you.

Can you choose to pay the fine instead. it may be steep, but may resolve atleast the issue of being able to get into capital.

you posted this before I finished my post, but I couldn't bring myself to say it, especially since I don't know how long he's been playing. I've had a similar issue in Oblivion with the FInger on the Mountain quest. I finished the quest at too early of a level and used to low of a class of spell, so the spell I got out of it was super lame, did only 6 damage. I could have just reloaded and waited, but it's still a bummer when you realize what you've done.

The guards do respawn after a while. They will want to send you to the mines. I don't know how Skyrim handles the spawns, but if it's like Oblivion, the corpses will move around to where they would have been had they been alive if they were an "essential" part of a quest. But since they died, they weren't.

The funniest thing I saw was in Oblivion where the misplaced sword swing by an Imperial guard in the Imperial City that accidently struck another Imperial Guard and every Imperial guard in the city began chasing him, thus unleashing my crime spree. He ran and ran and ran and ran. I ransacked about 5 mansions and when I got out of the fifth they were coming up the road again on a second lap. Then the night shift got involved and ended it.

actually the guard says that i cant even bribe or use my thane thing

You can recover Markarth if you haven't done the negotiations mission of the main quest by handing it over to the Imperials side during these negotiations.
Probably get it back if you follow through the civil war quests as well.
All is not lost, unless you have done both of them of course.

paycrimegold <0-1> <0-1> Pay the bounty. Pay the bounty for the faction targeted NPC belongs to (the bounty gold will be removed from your inventory). The first 0-1 choice refers to being sent to jail: entering 1 will let you be teleported to the respective faction's jail, entering 0 won't. The second 0-1 choice refers to keeping your stolen items: entering 0 means you do not lose your stolen items, entering 1 means you do. If you don't add any choice you will be sent to jail without losing your stolen items. The faction ID is needed if you can't target an NPC. May also help in case guards attack you on sight. Faction ID's are given below: factionid faction
000267E3 Crime Faction Eastmarch (Windhelm)
00029DB0 Crime Faction Haafingar (Solitude)
0002816D Crime Faction Hjaalmarch (Morthal)
0002816C Crime Faction The Reach (Markarth)
0002816B Crime Faction The Rift (Riften)
000267EA Crime Faction Whiterun
00028170 Crime Faction Winterhold


Looks better on uesp.net
http://uesp.net/wiki/Skyrim:Console