Legal Question in Criminal Law in Arizona

Statement obtained by threats, intimidation, coercion. Can statement be supresse

During police ?'ing after arrested 4 attempted theft,Cop told me only way I wouldn't go 2 jail was if I gave signed statement.Didn't know what 2 write,Cop told me word 4 word what 2 write,I wrote it,but it's not true.I have witness willing 2 testify on my behalf,Can't statement be supressed so it can't be used against me?Also being charged w/crime of theft I didn't commit.Cop knows it wasn't me(ID was given & documented at time crime was committed by actual offender)& accused me of covering up 4 the person(whom I do not know)since I couldn't give any info on this other person,Cop charged me w/their crime.Is this legal when cop knows it wasn't me?This plays part in my statement cuz it includes crime of other person.Report by cop of incident omits many events like accusing me of covering 4 someone else,matter of fact,he doesn't mention other person at all.There's also false info regarding dates & order of events,that make no sense & cop who did continuation report,copied same mistake.Is it possible 2 have case dismissed?Don't have lawyer & was told don't qualify 4 legal aid cuz no jail time is being sought.Court in morning & need 2 be pointed in right direction,any direction I can find answers.Help!


Asked on 11/25/02, 11:05 pm

1 Answer from Attorneys
Otilia M. D�az Law Office of Otilia M. D�az

Re: Statement obtained by threats, intimidation, coercion. Can statement be supr

Yes, you may file a Motion to Suppress with the court. You may proceed pro per (in propia persona) if you choose not to hire someone to help you. This means you would represent yourself in court. You may consider several options. First, if you decide to proceed on your own, let the court know of your decision and ask for time to work on your case. Second, you can find a lot of helpful information at your local law library: Maricopa County, ASU, etc. Also, you may find some self-help books at the law libraries or your local public library. Your best bet, if you cannot afford an attorney, is to see about hiring someone on an hourly basis to give you guidance. It may be worth the money to hire someone if you wish to avoid a conviction and do not believe you can adequately represent yourself. Also, be very careful if you have direct communication with the prosecutor if you self-represent. You may get yourself in more trouble through your statements than help yourself. Good luck.

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Answered on 11/26/02, 7:43 am


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