Legal Question in Criminal Law in New York

police questioning

Can the DA use a video statement in court against you if you weren't notified that you were being recorded? Even if they alraedy read you your miranda rights? Is this entrapment?


Asked on 3/30/09, 1:56 am

1 Answer from Attorneys

Warren Markowitz Warren R. Markowitz, Esq

Re: police questioning

This is not entrapment. Entrapment is when a law enforcement officer entices a person into doing something illegal that the person would not likely have done if not for the actions of the agent.

In this case, it looks like you are concerned with the DA using a record of your interview to impeach your statements. This is a likely event if you intend to speak on your own behalf at trial, and the statements that are or have been made are not in sync with the ones made during the interview.

I suggest that you retain and use the services of a lawyer, a criminal case has lasting implications and should not be left to chance.

Good Luck,

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Answered on 3/30/09, 2:02 am


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