Legal Question in Criminal Law in California
molestation
if you are aressted for a sex crime and durring the time he was interigted by police he was mentally tortured into an admition saying that he did it, because could not take it any more. is there a way of strikeing that from any court records, so that it can not conflict with his not guilty plea.
3 Answers from Attorneys
Re: molestation
Very complex, with extensive investigation and motions required. Sophisticated counsel needed ASAP to litigate the voluntariness of the statement...SBSD? May require extensive discovery also.
DJM
Re: molestation
He should ask his attorney to investigate coerced confessions. There is an expert witness in the sociology department of the UC Berkley. As stated by Mr. Mangan investigation will have to be conducted to determine if the facts support coerced confession.
Re: molestation
He can claim anything he likes about why he confessed, but the confession WILL be used against him, unless his attorney can get it stricken on the basis of error or violation of rights. Instead of seeking anonymous advice on the internet that he wouldn't know how to use anyway, he'd better get a good attorney, and help him deal with the problems and issues in the case; he faces serious prison time. Feel free to contact me if he wants to get counsel.
Related Questions & Answers
-
U.S. Marshall Arrest and crime/bail/crime If someone is arrested by the U.S.... Asked 2/05/07, 8:19 pm in United States California Criminal Law
-
Fingerprints can the DOJ really lift fingerprints off of meth baggies? Asked 2/04/07, 6:03 pm in United States California Criminal Law