Officers came to my house and placed me in a costodial situation without notifying me of my rights to remain silent, to an attorney, and against self incremination and forced me into giving them enough evidence to charge me with manufacturing by telling me that if I didn't give them what they wonted they were going to lock my wife up and send my kids to defacs. Being that all the evidence was discovered due to self incrimination because of threats by officers without a rights warning can the evidence that was discovered because of my statements or me giving it to the cops be supressed or thrown out of court?
It is possible to get the statement thrown out depending on the facts of the case. Please call me at 404-812-4305 to discuss your case in detail.
It all depends. Evidence obtained without advising someone of their rights can be suppressed. There is a ton of information missing here. What we'd need to know is: why were the officers at your place? who invited them inside? were they actually inside? did your family ask them to leave? did they have a warrant? an arrest warrant? a search warrant? what information did they obtain wholly and completely on the basis of what you said to them? was any of the evidence just lying around for them to see? We need some more information....
It depends. This is a highly technical area of the law with shifting rules. What is, or is not, custody is very fact-specific. You need to be talking with a criminal defense lawyer there, now. If you can’t afford to hire one, you should get one appointed. In the meantime, you should not be discussing what happened with anyone, especially the police! Do not post more details online. This is not confidential.
If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
--- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
--- Facebook Page
--- Talking to the Police - Advice from Lawyers and Police
--- Miranda Rights (and Wrongs)
Confidential information should not be disclosed in this Internet forum.
I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
This AVVO Answer is provided for general educational purposes only.
Click on the “more” link below for more important information about the answer and AVVO.
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
I cannot give you a simple "yes" or "no" answer to this question. This is a highly detailed and technical question. The facts of the case are VERY important to this type of defense. There are allot of questions that would need to be answered in order to evaluate the possibility of getting the evidence Suppressed such as - how did the officers place you in a "Custodial" situation?, did the officers have a Search Warrant for your home?, were they invited into your home by You or a family member?, once in the home did they observe any evidence of wrongdoing in "plain view"? etc. Only a detailed interview and review of the fact will determine the viability of a Motion to Suppress the evidence that was illegally collected. Remember that Law enforcement is able to trick you into making statements/admissions/confessions but they are limited and an experienced Criminal Defense Attorney can explain all of your rights and defenses to you. I would highly recommend that you meet with several experienced attorneys and retain the on you feel can do the best job of defending you. My last piece of advise is that you often get what you pay for,,, or the old adage,,, "Good is seldom Cheap and Cheap is seldom Good!" I hope this information has been helpful to you. Good Luck!!! George McCranie www.mccranielawfirm.com
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.