Coerced Confessions: Police Can’t Mention Penalty To Induce Statements

When the police make an arrest for theft, drug sales,
domestic violence,
hit and run or any other criminal offense in Orange County, it is typical for
the defendant to be questioned. The arresting officer usually reads the suspect
his or her Miranda warnings, which include the right to have an Orange County criminal defense lawyer
represent them. However, people who have just been arrested tend to waive their
right to remain silent and have their criminal lawyer present before answering
any questions. Most suspects agree to talk to the police in the misguided
belief that they can talk their way out of going to jail. This is most often a
huge mistake and their statements are usually the strongest evidence against
them at trial.

When the police question a suspect about the crime, be it a
burglary, drug manufacturing, DUI, assault and battery or some other offense,
they are eager to get the defendant to make a complete confession. While it is
legal for the police to use trickery and to be dishonest with the suspect
during questioning, there are certain lines that the police cant cross. If they
do, the statements that the defendant gives, without his or her Orange County criminal defense
attorney present, will be suppressed. This means that the statements can’t
be used against the defendant at the criminal trial.

One of the forbidden interrogation practices where a
defendant agrees to talk without their criminal defense attorney present is to
use the threat of a heavy penalty against the defendant if they don’t talk or
the promise of lenient treatment if they do. A good example of this is found in
the case of People v. Vassila (1995) 38 Cal.App.4^th 865. In that
case, the cops ignored the suspect’s invocation of his right to remain silent
and to have his criminal defense lawyer present. They told the suspect that if
he told them where the illegal weapons were he would be released OR and be
prosecuted in the state court instead of federal court, thus avoiding the much
stiffer federal penalties. The defendant then incriminated himself and told
where the guns were.

The Vassila court held that the tactics used by the cops
were coercive and the statements obtained by the suspect were inadmissible. The
fact that the police followed through on their promises and the suspect was
prosecuted in state court didn’t matter. The tactics were still coercive and
the statements were suppressed.

Similarly, in the Ninth Circuit case of Collazo v. Estelle (1991)
940 F.2d 411, the police arrested a suspect for murder, assault and battery,
and other charges. The suspect invoked his right to have his criminal defense lawyer
present. In response, the police officer told the suspect that this was his “last
chance” and that “things might get worse once your lawyer becomes involved.” The
suspect waived his Miranda rights and agreed to talk to the police, giving
incriminating statements. The court held that this was coercion and that the statements
made by the suspect without his criminal defense attorney present were
inadmissible.

If you are facing charges for domestic violence, assault and
battery, drugs, or any other criminal offense, call The Law Offices of EJ Stopyro today at (949) 559-5500 for a free and confidential consultation with an
experienced criminal defense
lawyer in Orange County. You can also visit our website at www.ejesquire.com. We have office locations
at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675
and 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.