Legal Question in Criminal Law in Florida

How do I get a written tricked confession thrown out in court


Asked on 6/17/14, 6:58 am

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

A written confession, like any statement made by a defendant to law enforcement, may be "thrown out" by the filing and granting of a motion to suppress. Keep in mind simply because one files a motion to suppress it doesn't mean that the court has to grant it. If the confession was illegally obtained (for example, the defendant was in custody and questioned but never informed of his Miranda rights OR the defendant invoked his right to remain silent but law enforcement continued to interrogate him anyway) then the court will suppress the statements.

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Answered on 6/17/14, 7:02 am


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