No rights read,nor arrest. And im being charged in court with my starement?

Question

I was questioned by the police and was told i would be arrested unless i gave them a statement. They said all i needed to do was give them a statement and i could go home. So i wrote the statement , and gave it to them then they said i could go home. About 2 weeks later i get a letter from the court saying i need to appear, and theres 5 charges against me. Can they use my statement against me if i wasent aware of my right? I know that they only have to read my rights if im arrested. But can them threatening me and tricking me into writing this statement be used in court, I was also under the influence of alcohol and marajuana at the time.
Thank you

I 17 btw, and yes i have a laywer . Im probally F****D . The charges i have facing me are Larsony, Breaking and entering, Larsony from a building, and malicious destruction of property. These may all be first offences, but i do belive that 3 of them are felonys. Just looks like i have to bite the bullet and take what i get

Answer 1

of course your statement can be used against you. you wrote it. you should have just sat there, mouth shut.
1. am i being charged?
2. no, then im leaving. (then can only hold you a certain amount of time w/o charging you.
3. ask for a lawyer if they wont shut up.
4. never talk, never write, their phones are bugged.

have your bail money ready. wear extra clothes that day so if they arrest you, you can use the clothes for padding while your sitting in the bull pen with nothing to do.

Answer 2

Well if you were under the influence of marijuana and alcohol, it isn't a true confession. But you'd have to admit to being under the influence to get it waived.

It also isn't a valid confession if you are under duress

"Specific coercion may be used as a legal defence in criminal cases for acts committed under threat of injury. Similarly, one may claim the legal nullity of a contract signed under duress.

In both cases, however, the question arises of whether a "reasonable person" would have perceived a threat, and reacted in the same way. Moreover, under most modern legal systems disciplinary coercion cannot be claimed as an exculpating circumstance for war crimes committed under unlawful orders."

DURESS:

Duress or coercion (as a term of jurisprudence) is a possible legal defense, one of four of the most important justification defenses

In order for duress to qualify as a defense, four requirements must be met:[1]

Duress occurs when a person has been deprived of his free will by means of a threat of violence or threat to personal liberty. A person acting under duress might not be held liable for the crimes he has committed. When a person raises a duress defense, the accused admits to committing the crime, but typically asserts that his actions should be excused due to the duress.

A person may also raise a duress defense when force or violence is used to compel him to enter into a contract, or to discharge one."

I would tell the judge the statement was signed under duress. Then it will be thrown out because "threat to personal liberty". They cannot put you in jail without charging you, so that was a hallow threat. But you were a fool to believe them, and ultimately it will be your word against theirs.

DO YOU NEED A LAWYER?

Not necessarily, but I don't know what charges you are up against.

If they have no prove other than the statement, claim duress, have it thrown out, and dismiss the charges.

DID YOU COMMIT THE CRIME AND ARE TRYING TO BEAT THE SYSTEM?

Maybe you should plea bargain, it's not like you are innocent. If it was your first offense, plead guilty to the alcohol and ask that the marijuana charges be dropped. Usually judges appreciated saving the court time. It worked 100% for my friend. and what's minor consumption or a DUI vs. a Drug Charge.

You should have the opportunity to met with both the prosecution and public defender before the trial. Take advantage of this. Courts have ZERO sympathy for the legally ignorant.

Answer 3

You need to talk to a lawyer, soon. If you can't hire one, ask the court to appoint one.

Yes, usually they can use your statement against you.

Your lawyer will be able to investigate, and hold the state to the burden of proof that the statement was legally taken.

If you had just said you wanted to talk to a lawyer first, or have one present during questioning, you likely would have been released, and not have charges pending now.

Answer 4

Get a lawyer.

They coerced you into a statement.

You can say that you gave the statement under duress and that you just wrote it so that they would let you go, and that it is not true.

Because they were not arresting you they did not have to read you your Miranda rights.

I would certainly not admit to being under the influence of Marijuana, and not alcohol either (if you were driving.)

Answer 5

Miranda is basically required if the suspect is requested questions after arrest. in the event that they requested questions after arrest with out analyzing Miranda, then the tips gained from the questions is thrown out, however the arrest and value nonetheless stand. So as a result, the arrest is nice, and it will postpone in court docket.

Answer 6

Yes, and yes. Cops are trained to lie and trick suspects into telling them what they want to know. Haven't you ever watched a show where they do that to the suspects when they just come in for "questioning"? You could have called a lawyer instead of complying with their demands.

Answer 7

you should never have written the statement. if you try and tell them you were intimidated by the cops and want to change you story--then they can use that to prove that you lie. not sure what your charges are, but some education might help you.

Answer 8

The best advice I can give you is learn to sleep on your back, and if you drop the soap, kick it out of the shower.

Answer 9

You REALLY need to speak with a lawyer.