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A Sacramento Criminal Defense Attorney on Suppressing Confessions
Many people who get arrested become nervous and then start talking. When they feel flustered and confused, especially during interrogation, they may even confess. A Sacramento criminal defense attorney can tell you a confession is likely the most incriminating evidence prosecutors can present against a defendant.
Suppression and Rights of the DefendantMany times when damaging statements or confessions are made, the likely alternative for that defendant is to cooperate so the prosecution can go after another defendant or accept a guilty plea. If the circumstances in your case allow it, your counsel should try to get your statements and confession suppressed. This means that those statements can’t be entered into evidence at your trial.
A Sacramento criminal defense lawyer can tell you that damaging statements can be suppressed if the Fifth Amendment, the right that prevents a person from incriminating themselves, or the Fourth Amendment, which prohibits a person from being detained, has been violated. Violating a person’s Miranda rights and the Fifth Amendment section that creates a person’s right to representation or a person’s Sixth Amendment right, which affords someone a right to counsel also can lead to a confession being suppressed. Violating the Fifth and Fourteenth Amendment, which prohibit the use of involuntary confessions and state laws that find forced confessions unreliable can be reasons to have statements thrown out of court. And, finally, if the state’s right to counsel rules are violated, the statements can be suppressed.
All You Can Do is Work With What You HaveDespite the confession, your counsel should prepare for a case. A Sacramento criminal defense attorney can tell you this is specifically critical in cases where the defendant has a mental condition, is sick, immature or where authorities gained statements where there was no guilt. DNA evidence has helped in many false confession situations. Indeed, some confessions may end up being the root of a defense. For example, in a rape case, the defendant may have admitted to sexual relations but said it was consensual.
Contact a Sacramento Criminal Defense Lawyer for AssistanceDepending on the circumstances of a case, a confession may be suppressed from court. If you are facing criminal charges and have questions, contact Param Pabla, a Sacramento criminal defense attorney, at (916) 285-7900.
