Legal Question in Criminal Law in New York

My husbands statment was taken when he wasnt thinking straight

2 weeks ago my husband was arrested. He was intoxicated when the crime was commited. When he saw his van on TV and realised it was him, attempted kidnapping. he took some pills to commit suicide. He called his social worker from the hospital he was in a week before. when she called 911 and he was taken to the hospital he mentioned the TV and they called the cops. HE was still very out of it from the pills. They took his statment, and added stuff. Then they made him sign it as a confession. HE didnt actually try to kidnap anyone. He was out to commit suicide, and was driving around with a gun. Then he saw a girl outside the back of walmart, and told her to get in the van. SHe ran so he said the same to the next lady. He was looking for someone to talk him out of what he wanted to do. After she ran, he drove away. Now he is charged with a C Felony attempted kidnapping. Can they use his statment against him. Any other help you can help me with I would appriciate it. He has no violent priors. DWI's 2 of them in 25 years. This is a mental problem, and he needs Help, not jail. Thank you


Asked on 11/18/02, 9:11 pm

1 Answer from Attorneys
James Kats James S. Kats, Esq.

Re: My husbands statment was taken when he wasnt thinking straight

Your husband's statement should definitely be suppressed and not allowed into evidence against him. The hospital and medical records should back him up.

For more info: Jim Kats 718-273-6229 EMAIL [email protected]

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Answered on 11/18/02, 11:29 pm


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