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Confessed To A Crime? Ways A Criminal Defense Attorney Can Still Help You

18 April 2016

Alexis Garcia

If you are suspected of a crime and interviewed, criminal defense attorneys recommend you invoke your right to remain silent. This is because anything you say can and will be used against you. However, if you confessed instead of remaining silent, you may be wondering if there is anything that can be done to get the confession recanted or get you a reasonable plea deal. Even if you have confessed, a criminal defense attorney can still assist you. Here are a few of the ways they can do so. 

Proving Your Rights Weren't Read

If you are a suspect in a crime, the police may attempt to interrogate you. If you are being interrogated, police are required to advise you of your right to remain silent and speak with a lawyer. If they fail to do this, the statements you make during this interview may be inadmissible in a court of law. A defense lawyer can obtain tape statements of the interview, showing whether these rights were or were not read. 

Showing You Were Coerced Into Making a Confession

Police are not allowed to take their questioning above and beyond what would be considered to be intimidating or excessive. Different states have different laws pertaining to what falls under this category including the length of the interrogation, types of questions that can be asked and any physical contact. A defense criminal attorney will review the confession video tape and look for any signs that the laws in your state were broken. If they were, they may be able to plead you were coerced into confessing, making your confession inadmissible. 

Proving You Were Incompetent When the Confession Was Made

In order for a confession to be admissible in court, you must be mentally competent. If it can be shown that you were temporarily mentally incompetent or you suffer from a condition that has a long term affect on your mental health, the confession may be thrown out. A criminal defense lawyer will have you meet with mental health professionals who can evaluae your mental capacity. This can be a lengthy process and will involve you answering many questions about your life, mood swings, thoughts and feelings. However, it can be well worth it, especially if you feel you weren't yourself when the confession was made. 

Negotiating a Plea Deal on Your Behalf

If you have confessed to a crime, and can't use any of the above defenses, a criminal defense lawyer can still be beneficial. Courts and attorneys are often still willing to strike a plea deal with you, even if you have confessed. This is because a confession case still has to go to trial and before a judge. This takes time and can take a toll on witnesses and victims. A criminal defense attorney can show that you're remorseful for what you have done and help negotiate the lowest possible punishment possible. 

If you are suspected of a crime, the investigators will want to speak with you. However, you do not have to speak with them. But if you do and you end up confessing, you may think all is lost with your case. Fortunately, this isn't true. A criminal defense lawyer may be able to show you weren't advised you didn't have to speak, you were coerced into confessing, you lacked the mental capacity to make a statement or negotiate a plea deal on your behalf. All of these are better options than assuming there is nothing that can be done. The sooner you speak with an attorney, such as Mesenbourg & Sarratori Law Offices, the better. As such, if you have confessed, speak with a criminal defense lawyer as soon as possible.

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