Legal Question in Criminal Law in Florida
fifth amendment
My friend found case law that states that it is a violation of your fifth amendment rights for a detective/officer to promise you lienency or less charges in exchange for your confession or statement. Is this true?
Asked on 3/03/09, 7:27 pm
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: fifth amendment
That's a vast oversimplification of the law, but generally, yes, your friend is right. The usual result is that the confession or statement is thrown out.
There are many exceptions, though. For example, Florida appellate courts have said that the police are allowed to say something like, "I'll let the judge know you cooperated."
Answered on 3/03/09, 7:31 pm
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