I Confessed to a Crime I Did Not Commit. Will This be Used Against Me?
If you have confessed to a crime you didn’t commit, you are probably wondering whether the court can convict you based on your confession alone. It’s understandable that you may be feeling scared about what the outcome of your case might be, and that’s why it’s important to know how the court can use your confession.
The sooner you contact your criminal defense lawyer to learn whether your confession will influence the case, the sooner he or she can act to protect you from being tried for an offense you didn’t participate in. At The Umansky Law Firm, our criminal defense lawyers are available 24/7 to offer a free consultation.
Involuntary vs. Voluntary Confessions to a Crime
Let’s start by defining an involuntary versus voluntary confession. Typically, an involuntary confession occurs under police coercion where the person detained has not been read their Miranda Rights and harsh tactics such as threats, physical abuse, deprivation of food, water and/or medical treatment before making a confession. Even in some cases, police can promise leniency if you confess, and when you do, that can be considered involuntary under the circumstances of coercion.
Voluntary confessions are more clear but can also be defended if there was any improper interrogation. If you voluntarily confessed to a crime, this would be under your free will – police would have read you your rights; but if you waive those rights, this is considered an admissible confession as evidence in court. Where this can be defendable is if you unequivocally state during questioning that you’d like to invoke your right of silence and/or you invoke your right to an attorney. Again, be sure to contact your local criminal defense attorney immediately.
How to Tell if Your Confession was Forced
Police behavior is under intense scrutiny, so it’s important to remember how they retrieved your confession in the first place. Think back to when you confessed to the crime. Did the arresting officer(s) read you your Miranda Rights? Having these rights read to you before being arrested protects you from self-incrimination.
Did you ask for an attorney, and did the police respect your request? This can be a major turn for you if the police retrieved a confession while refusing a request for an attorney and interrogation did not cease. If you were involved in an arrest or detainment where you involuntarily provided a confession this can possibly be defended against.
Are Police Allowed to Intimidate Me to Get a Confession?
We addressed some of the harsh tactics police may use to extract a confession. To put it explicitly, police cannot intimidate you to gain a confession, and the court system can’t use a forced confession as evidence against you.
Police may not legally use violence, including choking or pushing. Threats of violence or threatening to charge you with a crime, or attempting to bribe you with leniency on your jail sentence in exchange for a confession, are also prohibited. Tactics like these are not as widely used; however, police may resort to them from time to time. If you notice any of these adverse actions, It’s important to record it along with who was involved, and when it happened. If you suspect any coercion tactics such as deprivation of water or food, threats, talks of leniency, or physical threatening or abuse, be sure to record your experience with a criminal defense attorney.
Defend Yourself with Aggressive Criminal Defense in Orlando
If you did not commit the crime you confessed to, reach out to The Umansky Law Firm. We are aggressive criminal defense lawyers with more than 100 years of combined experience representing clients facing charges. Our experienced attorneys will evaluate your case and provide a free initial consultation. To schedule your free consultation, call our office or complete our contact form.