I was arrested for attempted theft, attempted burglary & 1 or 2 similar charges. I did not commit these crimes. When I was first arrested a detective told me that if I just say that I am guilty he'd get the judge to spare me and say I was just a dumb kid messing around & get me probation. At first I refused to say that I did anything but he eventually told me that I was wasting his time and that if I didn't say I did it he'd have me sent to prison for 16 months. I told him I did it but have been pleading not guilty in court... How can I challange my confession? How would I know if it was recorded? What can I do to get this thrown out? I know I shouldn't have said it but I was nervous and had never been arrested before...
If everything is as you say, your statement should be thrown out. The officer cannot make any promises of leniency in order to induce you to confess. The only way you're going to be halfway successful with this is with an attorney.
You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
Criminal defense attorneys like us, have been challenging these types of "confessions" for 25 years. An attorney should subpena all audio and video tapes and possibly do a Pitchess Motion, to see if others have similar complaints against the police officer. Contact an experienced attorney at once...... David Wallin
You need an attorney who knows how to cross examine witnesses, so you can try your best the get the statements suppressed. Your attorney will be able to file whatever motions are necessary to try to get the statements suppressed and to make sure the appropriate hearings are granted.
There are many ways to challenge the alleged confession. You could benefit from meeting with an attorney. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many attorneys offer a free consultation. I wish you the best and Happy Holidays
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
You should have an attorney looking into all of this for you. If you don't have an attorney, you need to hire one. Many of us on Avvo provide a free consultation, so make some calls.
Yes, these are very complicated issues and often litigated. Don't be surprised if your recollection of what transpired is not the same as the officer's version; doubtless, it will not appear in his report. As the others have said, if there was a promise of leniency and you can prove it, your statement will be suppressed. But that isn't the end of the story: if there is enough other evidence to convict you the prosecution can proceed without your statement. Yes, you should have a good criminal defense attorney to assist you with your case.
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