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
Related Questions & Answers
-
Patronize prostitute Is patronize prostitute a felony in the state of florida Asked 3/03/09, 5:26 pm in United States Florida Criminal Law
-
Probation Officer I had seen my probation officer today and asked about a recent... Asked 3/03/09, 10:36 am in United States Florida Criminal Law
-
POS Fraud I made fradulent returns ($1218) to my credit card while working for a... Asked 3/03/09, 1:24 am in United States Florida Criminal Law
-
10-day postponement of Arraignment Do I have to go to my scheduled arraignment... Asked 3/02/09, 10:49 pm in United States Florida Criminal Law
-
Placement of foster child Had livescan done for placement of child.In 2001 had an... Asked 3/02/09, 9:23 pm in United States Florida Criminal Law