Legal Question in Criminal Law in California

right to speak to an attorney

I was arrested on a felony warrent for fraud and forgery. 2 detectives came to my home, aimed guns at my forehead, handcuffed me & sat me on the floor in my kitchen. I asked them to please put the guns away because of my 2 boys (ages 3 & 5) asleep around the corner.They scoffed like I was lying until they saw for themselves. They then rifled through everything in my home, in front of my boys, me on the floor still, my husband detained as well. They searched my car, my paper work even looked at my photos in my digital camera. after 2 hours I was brought to the sub station where I was interrogated repeatedly. I must have asked for my attorney 5 or 6 times, nothing. after 1/2 hour there, I was brought to the main sheriffs and interrogated more, all the while being told my children could be taken away. I was asked to mark what transactions were mine, again I asked for my attorney, nothing. 1st court date I was told sense I confessed, D.A. offered me restitution of 30 grand, no jail, 90 work release, supervised probation. I told my attn that theres no way I spent 30 grand in 3 months & I never confessed. I plead no contest to 1 ct grand theft.I'm afraid if I argue the amount they will take away the deal. Can they say I confessed?


Asked on 1/04/07, 4:51 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: right to speak to an attorney

If you said you wanted to speak with an attorney the police were required to stop questioning you, and your responses to further questioning should be excluded from evidence.

Of course, in order to make this happen you have to persuade the court that you really did ask for a lawyer and that your request was ignored. You'll also have to show that your statement was clear ("Shouldn't I have a lawyer?" or something along those lines usually isn't enough) and that you didn't resume talking to the police voluntarily after that.

Keep in mind that even if your statements are excluded the prosecutor will still be able to use other evidence from the home against you, unless the only reason the police found it was that your anwers (to questions they asked after you demanded a lawyer) led them to it. That evidence may be more than enough to convict you even if your statements are thrown out.

Good luck.

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Answered on 1/04/07, 9:13 am
Daniel J. Mangan III JuryTrialJustice

Re: right to speak to an attorney

First question...did they have a search warrant or merely an arrest warrant??? Makes a difference on the permissable search to be conducted??

As to the statements...a Very complex as it now seems you entered a plea and agreed to the amount of restitution in the plea? Coercion in obtaining the statement and denial of the right to counsel are pre-trial, thus pre-plea issues...statemnts can be excludeed if either is present.

Proving so is a different matter. And usually is deemed waived by the plea if not litigated and reserved for appeal. There are also complex rules regarding what can, and cannot be appealed after a plea.

A "no contest" plea is guilty.

Must be Sonoma. ?

Best,

DJM

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Answered on 1/04/07, 1:42 pm


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