QUESTION
Can I later have that same statement disregarded as evidence because I was under the influence?
Asked on Sep 27th, 2013 on Criminal Law - Indiana
More details to this question:
I made an incriminating statement while under the influence of large amounts of Opiates.
6 ANSWERS
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It depends upon the facts but probably not because your state of intoxication was voluntary.
Answered on Oct 01st, 2013 at 11:55 AM
Michael J. Breczinski
There would have to be a hearing as to whether the statement was voluntary under the circumstances.
Answered on Oct 01st, 2013 at 4:43 AM
John J. Carney
You made the statement because you are not aware of your rights. The opiates will probably be irrelevant to the issues of knowing and voluntary or corrosion. If you waived Miranda you are not thinking straight. No one should ever talk to the police but most criminals do not understand their rights and are easily manipulated by the police. Now you know.
Answered on Oct 01st, 2013 at 3:56 AM
Nope. Everything is evidence, and it is up to your lawyer to impeach testimony and argue on your behalf what should carry more/less weight.
Answered on Sep 30th, 2013 at 1:13 PM
Travis Christiansen
Maybe, but doubtful.
Answered on Sep 30th, 2013 at 11:20 AM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Rockhill Pinnick LLP
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You can try, but just being "under the influence" is not enough.
Answered on Sep 30th, 2013 at 10:37 AM