IF 10 POLICEMAN AND UNDERCOVER AGENTS CAME TO YOUR HOUSE AND THEY TOLD YOU THAT YOU WOULD NOT HAVE TO BE PUNISHED FOR ANYTHING YOU WOULD ONLY GET PROBATION. WILL THE STATEMENT THEY RECIEVED FROM YOU BE ADMISSIABLE IN COURT AND DOES THERE HAVE TO BE A WITNESS TO WHAT IS BEING SAID AND WRITIN DOWN?
2007-01-11 07:29:58 · 15 answers · asked by dcc 1 in Politics & Government ➔ Law Enforcement & Police
I HAVE ALREADY GIVING A STATEMENT TO ONE OF THEM BUT DOES SOMEONE ELSE HAVE TO WITNESS THE STATEMENT?
2007-01-11 07:53:17 · update #1
JUST ONE OF THE INVESTIGATORS WENT INSIDE WITH ME AND THE OTHERS STAYED OUTSIDE.
2007-01-11 08:30:35 · update #2
A statement obtained by the police as the result of any threats or promises may be excluded as coerced and involuntary. The US Supreme Court at one time said that a finding of involuntariness was automatic upon the demonstration of even the slightest coercion. Bram v. United States, 168 U.S. 532. However, the court appears to have backed away from that position in recent years, and adopted a "totality of the circumstances" test. Arizona v. Fulminante, 499 U.S. 279. However, the existence of such promises, especially if they are shown to be the motivating factor in obtaining a statement, will be strong evidence that the statement was involuntary.
The person making the statement's testimony alone is sufficient evidence to establish the facts. However, unless the officers admit suggesting leniency, it would sure be nice to have an independent witness confirming the defendant's version of events.
2007-01-11 09:02:30 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I would need more info. The undercover agents sound like the witnesses. How did they coerce you into giving a statement, if all they said was you would only get probabtion as a punishment?
2007-01-11 08:06:58 · answer #2 · answered by Cara Arlene 5 · 0⤊ 0⤋
During an investigation, police can lie to you all they want, but they are in no position to strike a deal. Only attorneys can do that. In the Miranda Rights when it says "anything you say can and will be held against you" they mean really it. Stay on the right side of the law and you don't have to worry about it.
2007-01-11 09:13:14 · answer #3 · answered by Sandy Sandals 7 · 0⤊ 0⤋
Stop doing things that make the police come to your door!
I'd be honest and get this behind me now. But first get a lawyer. The DA is really the only one who can make those promises though, I'd be sure to hear from his mouth and probably get it in writing. Even then, a judge can refuse to honor the agreement if he feels a crime warrants harsher punishment than what was agreed to.
Do you really want to live in prison? It seems to me this is your option to probation. Maybe not now but someday and for a long time.
Good luck.
2007-01-11 07:46:47 · answer #4 · answered by txkathidy 4 · 0⤊ 0⤋
in case you experience you've been wrongfully coerced into putting your toddler, your suitable wager might want to be to confer with a criminal professional, no longer the police. unlawful adoptions are contested in court docket, no longer by ability of regulation enforcement officials. till you imagine the toddler is in on the spot risk of abuse (in which case you may visit the police on that foundation on my own,) the suitable human being to help is a criminal professional. The police won't be able to extremely do some thing about a fraudulent adoption.
2016-12-29 03:46:25 · answer #5 · answered by carmelle 3 · 0⤊ 0⤋
No you have to beware because they are not the judge or the jury and only know of other similar cases and the outcome , but do not know yours. If any statement may incriminate you don't talk without an attorney present other than identifying yourself. It is possible they may not file charges on you if you were not involved yourself in the criminal activity though. So it's your call basically.
2007-01-11 07:38:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The Police will promise everything and anything but it's up to the judge to give you your punishment. Also the courts will always belive a police person before you. That's just the way it is.
2007-01-11 07:35:12 · answer #7 · answered by Anonymous · 1⤊ 0⤋
They can promise you the world but without the acceptance of the DA you should exercise you right to remain silent. There is a reason why they have to read you the stupid card. Don't trust your mother, remain silent. You must be in some problem with all those cops there.
2007-01-14 09:32:01 · answer #8 · answered by Sgt 524 5 · 0⤊ 0⤋
They can promise you anything. You could kill 20 people and they could tell you, "Don't worry. If you just tell us what happened and be truthful you'll get a slap on the wrist." OF course when you do confess you'll get a needle in the arm. They are authorized to use deception to get information out of you and no they don't need another witness.
2007-01-11 08:37:54 · answer #9 · answered by Dark 4 · 0⤊ 1⤋
If as soon as they knock on the door and identify themselves... if the first words (and only words) out of your mouth are " I wish to engage legal counsel before answering any questions"... anything they do or say after that isn't relevant.. or admissable in future preoceedings
2007-01-11 07:38:30 · answer #10 · answered by Anonymous · 0⤊ 0⤋