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What are examples of involuntary confession defenses besides 1)not being Merandized 2) being threatened 3) offer of deal/promise

Oakland, CA |

4) lengthy interrogation? (how long is too long? and what if the defendant has a condition that makes it hard for him to stay seated and attentive for too long?) 5) intimidation (what is considered police intimidation (minimum)? 6) In some cases police lying to defendant ( what if they told him the victim was dead when he wasn't in an accident/manslaughter situation? 6) what if the defendant waived his Miranda rights knowingly but not intelligently, as a result of being exhausted, trauma to the head and shock after accident or ADHD...

Any others that anyone can think of?

Attorney Answers 5

Posted

This is way too broad a question to answer in this forum. Every case of this nature is fact specific, and the situations in which the court has analyzed the issue of "involuntary" confessions are voluminous. This is a heavily litigated area of the law, which changes constantly. You should take your specific case or situation to a qualified criminal defense attorney to have it thoroughly reviewed. If this is just for some research project or homework assignment this is not the place for that.

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4 comments

Asker

Posted

Your suggestion that this may be a homework assignment is insensitive and insulting. It is very difficult for someone who does not know the law, to figure out what is too broad a question. Perhaps if you suspect that the question is someone's lazy attempt to get their homework scored away, you should simply not answer, out of respect to people in extreme legal distress.

Christine C McCall

Christine C McCall

Posted

People in extreme legal distress do not require a comprehensive list of all possible factual scenarios that might serve for invoking a legal principle. This question reads like a homework assignment and the admonition against such use of this Q nad A service for that purpose is well-taken.

Mark A. Broughton

Mark A. Broughton

Posted

This is a very complicated area of the law. You will not be able to figure it out on your own unless you have the training and experience of a criminal defense attorney. I am sorry if my answer and other attorneys who agreed with me offended you. The bottom line is if you have a specific case you are facing right now it has to be analyzed at depth by a qualified attorney. There are no easy or generalized answers. We cannot teach you 5th and 6th Amendment law here; it takes years and analyzing many, many cases to opinion on a GIVEN factual situation. Take our advice and with an attorney.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Excellent legal opinions.

Posted

You mention some factual parameters that are used in a legal analysis of the totality of circumstances to determine whether a custodial of involuntary interrogation may lead to an affirmative defense in any given Motion to suppress evidence.
Like in any trade, it is fine art as each good attorney painstakingly analyses all facts and relevant case law to advance such legal premise in court.
To do it on Avvo is absolutely impossible. Like suggesting to fix the car brakes by phone for a car that requires new brake pads, not suggestions.
Retain an experienced criminal counsel in California to facilitate these objectives in court.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

In a DUI case, all of these things can work into a defense - you need to go into an attorney's office and talk about your case. Good luck!

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Posted

Many of these issues do not typically apply in a DUI case, particularly if there was an accident. I suggest that you consult with a locally experienced DUI attorney to have the applicable issues in your case analyzed. Best of luck.

Jasen Nielsen

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Posted

You asked many complex questions on your DUI. An experienced DUI attorney is required to answer some of your questions, especially on issues surrounding injuries and a traffic collision.

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