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If You Were Arrested and Spoke to Police, Your Statement May Be Suppressed

By Walin & Klarich

Why You Should Retain an Experienced Criminal Defense Law Firm to Help You Confessions must be the product of a voluntary statement. Whether a confession is voluntary becomes very relevant in the context of a law enforcement interrogation. If a defendant challenges the voluntariness of a confession or admission, the prosecution has the ultimate burden of showing the statement was voluntary. This burden is entirely separate from the question of whether proper Miranda warnings were given and whether a waiver was given. A confession is invalid if the surrounding circumstances show that the confession was the result of some form of coercion. This is true even if Miranda warnings were given and rights were waived. Make sure to detail the facts and circumstances surrounding your law enforcement encounter...continue to full post

Full post as published by Southern California Criminal Defense Blog on December 13, 2009 (boomark / email).