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Can statements be suppressed?

Richmond, VA |
Attorney answers 5

Posted

First off, you should never talk to the police if you are under investigation without first consulting with an attorney who can advise you of the consequences. However, if it is too late for that, statements can be suppressed if they were made involuntarily, or if the statements were made while you were in police custody and they did not Mirandize you, or if you made the statements without first knowingly, intelligently, and voluntarily waiving your Miranda rights. From your question it seems clear that you better talk to a lawyer immediately.

Posted

That is a very open ended question. The quick answer is "Yes", however it will come down to the specific facts and circumstances of your case. There is no way an attorney would be able to answer that question without further analysis.

Posted

Yes

Posted

Yes, they can be depending on the circumstances.

Good luck.

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James Garrett
Garrett Law Group, PLC
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Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

Posted

Suppression depends on whether your rights were violated, as the court will determine in a suppression hearing. If the court believes that is the case, evidence, including oral statements made, may be suppressed.