Legal Question in Criminal Law in Florida

what is criteria for confession to be thrown out?

My husband and brother in law are being charged with a

crime they did not commit. At the time of questioning

the detectives told them they knew they where guilty

and what they needed to say on tape. They threatened

to take away our kids and his children if they did not

do what they were told. I was held in the back of a

patrol car for 3 hours not knowing where my kids where

or what was going on. They confessed only because they

were told to not because they were guilty. How can we

beat this thing? There is no evidence to support this

case.


Asked on 4/14/00, 1:26 pm

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: what is criteria for confession to be thrown out?

A confession given by a defendant in response to custodial interrogation by a law enforcement is inadmissible against the defendant in a court of law. BUT only if he/she was not advised of his/her right to remain silent, aka Miranda rights. However, the defendant can waive these rights and give a confession that CAN be used at trial. Plus these rights only attach if the person being questioned is in custody, typically not free to leave. There are many fine points to this rather simple posting, but this is a subject that has filled many volumes in any typical law library. To beat any case you must try it, and you will need the best legal counsel you can afford. Just be sure and hire an attorney who only does criminal law. GOOD LUCK.

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Answered on 4/24/00, 6:08 pm


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