QUESTION
If the officer does not mention the conditions when I was questioned, could it be used against him?
Asked on Nov 14th, 2012 on Criminal Law - Florida
More details to this question:
The police had a warrant for me to appear in the court and started asking me very odd questions trying to get me to fall on false information so that it could be used against me. However, it was around 20 degrees outside, I had no jacket, was shivering and shuddering while talking with them.
7 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Without more facts, I cannot answer.
Answered on Apr 30th, 2013 at 11:45 PM
Cops lie all the time. Use what you can against him. He'll just lie about it.
Answered on Apr 30th, 2013 at 11:43 PM
Michael J. Breczinski
Sometimes that can be a factor as to whether a statement was voluntary. If the conditions are so bad that you would have said anything to get out of there then it might negate volition.
Answered on Nov 20th, 2012 at 2:20 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Unfortunately, this is not the type of legal issue that has a black and white answer. The circumstances surrounding any statements made to law enforcement are certainly relevant on the issue of whether or not the statement was made under duress, coercion, or some other form of involuntariness. You need an experienced criminal defense lawyer to handle this.
Answered on Nov 16th, 2012 at 12:34 AM
No. And you were foolish to have opened your mouth without your attorney present. You better hire one soon before you make more dumb moves.
Answered on Nov 16th, 2012 at 12:33 AM
I'm not sure what you mean by used against "him." If you mean the officer, probably not. The conditions surrounding any alleged confession are always relevant in determining the admissiblilty of the confession. To be admissible, the confession must have been willingly and voluntarily given. If the officer took advantage of prevailing conditions to coerce a confession, your attorney can argue for the confession to be suppressed. You should consult an attorney immediately to protect your rights.
Answered on Nov 16th, 2012 at 12:31 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No. You need to hire an attorney for the criminal case against you. You have given no facts concerning the alleged crime and cannot expect answers on an internet forum when you do not say what the problem is.
Answered on Nov 16th, 2012 at 12:30 AM