There are certain tactics the police must avoid using in order for a confession to be considered voluntary and, in turn, admissible. Below, your victims rights attorney has given some examples of tactics that will render a confession involuntary.
Whenever an officer makes false threats to a suspect or his family in order to coerce a confession, that confession made will be inadmissible. Threats that prompt coercion concerns include that a suspect will lose his children or government benefits. Your victims rights attorney will also warn that if you are friendly with an officer, he may claim that he could lose his job if he fails to obtain a confession. A false threat like that is reason for your confession to be thrown out.
Your Victims Rights Attorney on Interrogation Techniques Used on Unstable Suspects
If a defendant is weakened by injury, mental retardation or drugs, the tactics used for interrogation must not take advantage of that mental state.
Confessions obtained in a way that indicate unreliability may be excluded under common law. These confessions will remain admissible under constitutional law, though, as it does not consider the perceived truthfulness of the statement for admissibility purposes.
Police are not permitted to completely fabricate evidence. Officers are free to exaggerate or lie about the evidence against the defendant or to misrepresent the ability to report the defendant’s behavior back to the prosecutor.
After an arrest, it is important to contact your attorney immediately. He will want the details of any confession you gave the police outside if his presence. It will be important for your victims rights attorney to understand all tactics used by the police so that he may motion to remove any statements that were obtained involuntarily. Contact Michael L. Fell today at 949-585-9055 for more information.