Can your Detroit Michigan criminal defense lawyer challenge your confession? The short answer is “yes.” The results of that challenge could make a huge difference in your defense. What your Detroit Michigan criminal defense attorney will need to do is go after the voluntariness of that confession. In other words, did you give that confession willingly or were you coerced by the law enforcement investigators?
Making A Motion to Dismiss the Confession
It will be up to the judge to make the final ruling as to whether or not your confession should be admissible. Before that ruling, your Detroit Michigan criminal defense attorney will file a motion challenging whether you were properly administered your Miranda rights. For instance, if at any time during the questioning you requested to speak with a Detroit Michigan criminal defense attorney and were denied that right then anything you said after the request could be tossed out.
The Confession Ruling
After your Detroit Michigan criminal defense lawyer has made their argument, the judge can either rule immediately or take it under advisement and reach a decision later on. If the judge agrees with your Detroit Michigan criminal defense lawyer that your confession was involuntary, the entire case could be dismissed. On the other hand, if the judge rules that the confession can be admitted, then that can impact how your Detroit Michigan criminal defense lawyer will question potential jurors. This is why the matter needs to be settled before the jury is seated.
More Options for Confession Challenges from Your Detroit Michigan Criminal Defense Lawyer
Even when the confession is allowed into evidence, your Detroit Michigan criminal defense lawyer could challenge the validity of that confession by bringing up issues such as the conditions surrounding the questioning. For instance, being kept awake for an extended period of time could have lowered you own defenses and forced you to say anything to end the questioning.
A good Detroit Michigan criminal defense lawyer will point out that is a classic example of coercion. Timothy A. Dinan has made many successful confession challenges in his long career. See how he can help you by setting up an appointment for a consultation. Call 313-821-5904 today.