crime such as domestic violence, assault and battery, drugs, or burglary, they
are typically questioned by the police about the crime for which they were
arrested. The correct procedure is for the arresting officer to first read the
suspect their Miranda rights—right to remain silent and the right to consult
with an Orange County criminal
defense lawyer before answering any questions. Then, if the suspect waives their
Miranda rights, the police officer can continue the questioning without a criminal
defense lawyer present. The “questioning” however, must be done without the
use, or the threat of use of any force.
This is the ideal situation. And most of the time it does
happen like that. But not always. Unfortunately, there are police officers who don’t
follow the rules—cops who will threaten force or violence if the arrestee doesn’t
“talk” and give up their right to a Orange
County criminal defense attorney. And, in some cases, police officers even
use force in order to extract confessions from the people they arrest.
happen like that. But not always. Unfortunately, there are police officers who don’t
follow the rules—cops who will threaten force or violence if the arrestee doesn’t
“talk” and give up their right to a Orange
County criminal defense attorney. And, in some cases, police officers even
use force in order to extract confessions from the people they arrest.
When this happens, the confession that was obtained, whether
for committing a major drug crime or a simple hit and run, is tainted by the
illegality and is not admissible against the defendant. It has long been held
by the U.S. Supreme Court that a confession obtained by violence or threat of
violence was obtained in violation of due process, “a wrong so fundamental that
it made the whole proceeding a mere pretense of a trial and rendered the conviction
and sentence wholly void.” Brown v. State
of Mississippi (1936) 297 U.S. 278. Confessions that were obtained involuntarily
are excluded because they offend the community’s sense of fair play and
decency. That’s why criminal
defense lawyers in Orange County will ask the court to suppress any
statement made by their client when it appears that it may have been an
involuntary statement.
for committing a major drug crime or a simple hit and run, is tainted by the
illegality and is not admissible against the defendant. It has long been held
by the U.S. Supreme Court that a confession obtained by violence or threat of
violence was obtained in violation of due process, “a wrong so fundamental that
it made the whole proceeding a mere pretense of a trial and rendered the conviction
and sentence wholly void.” Brown v. State
of Mississippi (1936) 297 U.S. 278. Confessions that were obtained involuntarily
are excluded because they offend the community’s sense of fair play and
decency. That’s why criminal
defense lawyers in Orange County will ask the court to suppress any
statement made by their client when it appears that it may have been an
involuntary statement.
In analyzing whether a statement contested by a criminal
defense lawyer should be suppressed, the court will determine whether a suspect’s
will was overborne by law enforcement conduct, without regard to whether the
resulting statement was true or false. Rogers v. Richmond (1961) 365 U.S.
534. Moreover, the prosecution bears the burden of overcoming an
involuntariness claim as to the defendant’s statements.
defense lawyer should be suppressed, the court will determine whether a suspect’s
will was overborne by law enforcement conduct, without regard to whether the
resulting statement was true or false. Rogers v. Richmond (1961) 365 U.S.
534. Moreover, the prosecution bears the burden of overcoming an
involuntariness claim as to the defendant’s statements.
Defendant’s own admissions are not the only evidence barred
when coercion is involved. Statements made by a third party or even a victim
(such as in a domestic violence case) will be suppressed if the police used coercion
to get them. However, if the defendant’s criminal defense attorney objects to a
third party statement as being involuntary, the defense bears the burden of
proving the involuntariness of those statements.
when coercion is involved. Statements made by a third party or even a victim
(such as in a domestic violence case) will be suppressed if the police used coercion
to get them. However, if the defendant’s criminal defense attorney objects to a
third party statement as being involuntary, the defense bears the burden of
proving the involuntariness of those statements.
If you’ve been accused of a crime, including drug crimes,
assault crimes, domestic violence, theft crimes, hit and run or even DUI, call
The Law Offices of EJ Stopyro today at (949) 559-5500 for a free and
confidential consultation with an experienced criminal
defense attorney in Orange County. You can also visit us at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92675
assault crimes, domestic violence, theft crimes, hit and run or even DUI, call
The Law Offices of EJ Stopyro today at (949) 559-5500 for a free and
confidential consultation with an experienced criminal
defense attorney in Orange County. You can also visit us at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92675
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