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

Asked 11 months ago - 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)

  1. Mark A. Broughton

    Pro

    Contributor Level 16

    15

    Lawyers agree

    Answered . 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.

  2. Joshua Matthew Dale

    Contributor Level 13

    12

    Lawyers agree

    Answered . 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!

  3. Alexander M. Ivakhnenko

    Contributor Level 20

    13

    Lawyers agree

    Answered . 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... more
  4. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . 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

  5. Sheldon Irving Rosinsky

    Contributor Level 8

    8

    Lawyers agree

    Answered . 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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