Legal Question in Criminal Law in California

police questioning

a homicide occured and i was being questioned. the officer then for some reason unknown arrested me and read me my rights and i immediately asked for a lawyer and was denied one. i want to know if i could in any way sue or possibly get my statement withdrawn from the police report.


Asked on 4/26/09, 4:28 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Re: police questioning

If you were truly denied an attorney after questioning, then any resulting statement is inadmissible against you. Any physical evidence derived from that statement may also be excluded.

Can you sue? Maybe. If an officer intentionally violated your rights, there may be a civil cause of action.

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Answered on 4/26/09, 4:46 pm
Terry A. Nelson Nelson & Lawless

Re: police questioning

Many things are possible, but 'withdrawing' something from a report is not one of them. The reality is that you violated the first rule of criminal defense: you failed to exercise your 5th Amendment right to SHUT UP. You now must cooperate with your lawyer to see what can be done to defend you, through various motions to suppress, or at trial. If this is in SoCal courts, and you're serious about hiring counsel, feel free to contact me.

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Answered on 4/26/09, 6:51 pm


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