during my statement the police adviced me not to ask for a lawyer and they led me into saying stuff that was untrue on tape.nw they are charging me with an ofence even thou the dont have any single proof or link besides what i said on tape.
what are my chances of denying what i said on tape.
2007-07-24 07:17:02 · 13 answers · asked by david m 1 in Politics & Government ➔ Law & Ethics
You need to get yourself a good lawyer as soon as possible, and then ask to retract or change your statement.
You should definately be able to do this, but you need to have a legal advisor with you!
2007-07-24 07:21:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
This is a clear breach of the rules of PACE, as the police are required to advise you of your right to consult a solicitor before interviewing you in connection with a crime, but from what you say they did quite the contrary. The interview is clearly contaminated and if this is the only evidence against you, then it should be possible for a lawyer representing you to cast doubt on the case at a very early stage in the proceedings. Speak to the duty solicitor at court and explain what happened. You don't say what the charge was, so it's impossible to say whether you would qualify for legal aid, but let's hope you do. Don't be bullied or cajoled into pleading guilty to something you didn't do.
Your solicitor may well advise you on making an official complaint when this matter is over.
2007-07-24 07:49:52 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
Sounds about right
It all depends on what you are charged with ,
Yes you can alter your statement , but take legal advise
making a statement under the circumstances in a police station , without a lawyer is a streefull time and you can easly be led into saying something you dont mean , just to get out of there.
2007-07-25 15:59:02 · answer #3 · answered by Stephen A 4 · 0⤊ 0⤋
Caicos...generally speaking you do give extremely good advice on here...but lets be fair...we have the onesided account of the defendant.
I'm pretty certain the police will have advised him under the auspices of PACE, if a detained person refuses their right to defence counsel, then that is their right and he will have signed to that effect. If he then goes on to confess to an offence, what are the police to do?
If the police did advise him NOT to have a lawyer present as he states during his statement, then this will also be a matter of record as the statement will have been recorded and he will have his own copy which if he wanted to prove to the court that what he states on here is fact, he will have no problem in doing so!
2007-07-24 09:12:10 · answer #4 · answered by lippz 4 · 0⤊ 0⤋
David, whe you go to court, tell the judge that you now want to have a lawyer appointed for your case.
Accusing the cops of telling you to not get a lawyer won't get you anywhere at this point. You confessed to something, that is pretty good evidence. You need to get that kicked out.
2007-07-24 07:22:51 · answer #5 · answered by Joseph G 6 · 0⤊ 0⤋
YOU SCREWED UP.........But let's see what I can do. You say......during your statement, they advised you "NOT" to ask for a lawyer. My question is; did they read you your Miranda rights? According to your statement, they didn't, or they did, with add ons, what you should have heard is: Do you want a Lawyer......which is what you ought to be doing right now. Notify the court, in person if necessary, and tell them your situation, you know, you can't afford a Lawyer. If you can pay for one,even better....you'll need it!...................LATER
2007-07-24 07:32:40 · answer #6 · answered by veteranpainter 4 · 0⤊ 0⤋
I think had better speak to your solicitor over this because if you lie in Court you will be perjurying yourself and could land up with a prison sentence.Why did you lie on tape? It is better to speak the truth even when you have done something wrong because you will only make matters worse by lying.
2007-07-24 07:26:39 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you can somehow prove that you were coerced by the police and you have a good lawyer you might be able to get it thrown out of court.
Your best bet from the sound of it is to claim incompetence
2007-07-24 07:21:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Pretty high, actually.
Remember the guy who claimed he killed JonBenet Ramsey? It takes more than a "confession" to be convicted.
Provided you are telling the truth and everything is on tape, you may want to pony up some cash and get a real lawyer.
2007-07-24 07:20:54 · answer #9 · answered by Daniel R 5 · 0⤊ 0⤋
sure go ahead, the success rate is pretty high.. look at such high profile cases such as ... archer vs her majesty... hamilton vs al fayed etc.. youre bound to win ....they all changed their story and the success rate for one or the other side was 100%..... i cant remember who had the success but the result was definitely 100% for one or the other. Good luck you need it!
2007-07-24 07:23:35 · answer #10 · answered by Anonymous · 0⤊ 0⤋