QUESTION

What can you do if someone was charge with a crime, no evidence against them, threatened to confess?

Asked on Apr 10th, 2013 on Criminal Law - Michigan
More details to this question:
My son was charged and was just sent to prison. He is 18 and has ADHD. He told the police he could not talk to them without an attorney. They walked away and came back and harassed him until he confessed. No evidence according to the state attorney. He got 25 years. Is there any thing we can do?
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4 ANSWERS

Michael J. Breczinski
Get an appellate attorney to look over the matter.
Answered on Apr 15th, 2013 at 8:45 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question is confusing and requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, since we do not have all the facts, it is not really possible to answer with complete accuracy. What was he charged with? If there was no evidence, how was he convicted and sentenced to 25 years? Was he represented by an attorney in court? Was his confession challenged? Did anyone file a motion to suppress, and if not, why not? I strongly suggest that you contact a criminal defense attorney experienced in post-conviction relief for a face-to-face consultation and give him/her all of the facts surrounding your son's case. He/she would then be in a better position to analyze his case and advise you of your options.
Answered on Apr 11th, 2013 at 12:24 AM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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If he went to trial and was convicted by a jury, doubtless his attorney will appeal the conviction. If so, the his statement to the police will be an issue on appeal. There are usually more than one issue that is raised on appeal after a trial, and the appellate court will look to see if he had a fair trial under the constitution, or if any individual issue is such that the case should be reversed or he should receive another trial. On the other hand, if he entered a plea his options are somewhat more limited. You could consult with a good appellate attorney and discuss the case with him/her in more detail.
Answered on Apr 10th, 2013 at 2:40 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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If he was just sent to prison you might have a right to appeal the conviction and/or sentence. Call an attorney today!
Answered on Apr 10th, 2013 at 11:03 AM

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