Legal Question in Criminal Law in Arizona

I had a policer come to my home repeatedly over a course of 4 or 5 months. I returned his calls 3 or 4 times and talked to him twice on the phone. He would not tell me what he wanted. Finally, I was home on a Friday evening after consulting with a public defense attorney and told that I did what I should do and to not answer any of his questions if he does finally catch up with me. I was not doing what the attorney told me to do. When I was asked questions I told him I would not answer them and for him to give me the citation and I will handle this in court with an attorney present. He insisted that if I did not give an ommission of guilt that he was going to get a warrant and arrest me instead of giving me the citation. So to avoid going to jail, because i had a moving truck in the drive way, coworker in the house, son at the mall and was a five day notice to vacate the property. I gave in to the officer to avoid going to jail at that moment. I feel that they definately violated my civil rights, am I correct in thinking so? What should I do? They gave me no chance of fighting the charge in court, because I gave the guilt admission and it was after I told them that I would handle it in court, i want an attorney. They said call one. I said that I will get a court appointed one. It went on for over an hour till they wore me out and I gave them what they wanted to avoid going to jail.


Asked on 11/10/10, 11:46 am

1 Answer from Attorneys
Timothy Linnins Linnins Law, PLLC

It sounds like you were coerced into giving a confession. If so, that is not voluntary and should be suppressed. The attorney and right to remain silent issues will depend on whether or not the interview is considered to be a custodial interrogation. Since you were in your home, they will likely argue that it wasn't.

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Answered on 12/18/10, 9:06 pm


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