QUESTION
If a statement is given under diress or because of a police threat, can it be removed?
Asked on Oct 23rd, 2012 on Criminal Law - Michigan
More details to this question:
If a police officer threatens in order to get a statement, and causes extreme stress can this statement be removed? They had no grounds for the threat. The police have lied, pitted people against each other, and twisted everybody's words to their favor. They have nothing without this persons statement and they do not want these charges to continue nor her statement to be used. She had told the police previously (more than once) she would not give them a statement and they hounded and eventually threatened to get one from her.
7 ANSWERS
John J. Carney
The police are allowed to lie or trick you to give a statement, but not to use force, threats, false promises, or coercion. If they use those tactics and the judge believes the testimony of the defendant he might rule that the statement was not given voluntarily and it can be held inadmissible at trial. Most defendants are easily manipulated unto giving a confession or giving information concerning co-defendants and it will not be considered coercion. Innocent people do not confess and smart people will tell the police that they are not going to talk without a lawyer. Not every "threat" is coercion and not every statement is going to be suppressed, it depends on the circumstances. Remember, "Fish Only Get Caught When They Open Their Mouths"
Answered on Nov 04th, 2012 at 1:33 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Statements given under duress are inadmissible. As with any legal question, determining whether or not there was "duress" in your situation can be tricky. This is the type of issue that you need your lawyer to evaluate and fight for you. There are too many technicalities in the law in this area for you to try to handle this yourself. Hire a lawyer, or go with the public defender, and let them sort it out.
Answered on Oct 24th, 2012 at 5:24 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Someone needs to hire an attorney. Coercion is frequently used by the police.
Answered on Oct 24th, 2012 at 5:23 PM
No. There is no such thing as statement under duress. Every person has the constitutional right to remain silent, and if a person is stupid enough to be coerced into talking, then that person has the face the consequences of self-incrimination.
Answered on Oct 24th, 2012 at 5:23 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Possibly. My advice, hire an attorney to determine if this can be done based upon the facts of the case.
Answered on Oct 24th, 2012 at 5:23 PM
Michael J. Breczinski
If she is charged with the crime then she can challenge the statement in court. If someone else is charged with the crime they can bring up all the threats before a jury in order to try to sown play the statement's reliability.
Answered on Oct 24th, 2012 at 5:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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This should be brought to the attention of the defendant's defense attorney, but generally the police and investigators are given extremely wide range.
Answered on Oct 24th, 2012 at 5:22 PM