QUESTION
Can I get a motion to suppress evidence if I was not in my right mind during the search?
Asked on Aug 14th, 2012 on Criminal Law - Texas
More details to this question:
I was questioned by police officers after I blacked out and had a break down. As they questioned me my state of mind was not at full capacity. I incriminated myself and allowed them to search the house for one thing and they found another instead. I was delirious and vomiting at the time of questioning with my somewhat diminished mental capacity. Would it be possible to get a motion to suppress the evidence appeal? The DA Amended my misdemeanor to Criminal Infractions. So I was forced to not have a Public Defender and a bench Trial. I cannot afford an attorney, so what can I do to prevent me getting convicted of the charges at hand?
4 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You do not say why you were delirious or not in a proper state of mind. Was it from your own voluntary action?... ie, drugs or alcohol? If so, then highly unlikely. You also don't sayt what you were charged with, or what they found during the search. I don't know anything more about your case, so I cannot answer with any more certainty
Answered on Aug 15th, 2012 at 4:53 PM
Michael J. Breczinski
First of all yes you may be able to get the evidence supressed but should have an attorney for that. Second it is CIVIL INFRACTION which means that you are not being charged with a crime. A civil infraction is NOT a crime. That is why you do not get a free lawyer.
Answered on Aug 15th, 2012 at 4:52 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Take it to trial.
Answered on Aug 15th, 2012 at 4:51 PM
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You need to go back to court and request a court appointed attorney. Then that attorney can navigate the very technical world of search and seizure.
Answered on Aug 15th, 2012 at 4:51 PM