What should you do if your client was not read his Miranda rights, and was coered into giving a confession?

PARKERD

If I had a lawyer that had to go to Yahoo Answers for this question, I'd have bigger problems than not having my rights being read to me.

Aside from that make a motion to dismiss.

beerandraiderfan

Guilt or innocence has nothing to do with it. File a motion in limine to exclude the alleged confession.

shilo9i

You are obviously trying to get an answer for a homework assignment as ANY first year law student, never mind a lawyer, would know the answer to this one.

Do your own homework.

Me ; )

I think that it all depends on the situation. If he was being aggressive when he was arrested and they didn't read him his rights then they might be able to get away with it. And how was it that he was coered into confession, b/c you have to prove it.

David H

You should move to get the confession thrown out as evidence.

If you are a good lawyer it shouldn't make a difference to you whether you think the client is guilty or not. Your job is to make a case for your client. You are not the judge, you are the defense attorney.

Information Police

File a motion to suppress the confession.

Mr. Artless

haha if he wasnt read his rights you could probably get the confesion excluded

larry g

file a motion to dismiss of those grounds. clear violation on the part of the police and the arresting officer.

Becca R

either way, i don't think they have a case against him. pretty sure that the case has to be thrown out because of certain legalities. doesn't matter if he's guilty or not. but, i am not a legal expert.

DEE W

If you don't know this go back to law school.

barrytonmi

Miranda rights don't have to be read if the person isn't questioned by the police about the crime in question. However, in the instant case, it appears that the suspect didn't demand that his lawyer be present when the police began questioning him. Many times, interrogations are videotaped and almost always are recorded; if that is the case here, the tape(s) is considered to be discovery evidence and should automatically be turned over to the defendant's attorney. If it has not been voluntarily turned over by the prosecuting attorney, the defendant's attorney should file a motion requesting a copy of the videotape and/or a transcript of the recorded interrogation.

Skargaemer

Well, you'd have to have proof that they didn't read your client his/her rights....otherwise you get into a he said she said argument which won't go well with the judge.

raichasays

If he was coerced, I would file a motion to suppress his statement. Doesn't matter if he was innocent or if I don't know, or if I do know that he's guilty.

john

If he was arrested the cops probably had reasonable cause
if in fact he wasn't read his rights how are you going to prove it? Most confessions and interrogations are videotaped exactly for this reason so coercion is something that should be a minimal defense. I believe I never would be sure.

westielove

It doesn't matter if I believe he's innocent or guilty. The law is the law, and my client should have gotten due process. I would have that confession thrown out and made useless.

rats_and_atheism

Depends what he did. If hes a pedo, rapist or psycho, I support that, as well as beatings with a rubber hose too.

'bye, Yahoo...U Suk

Everyone knows everything about Miranda.

NOT.

Without knowing the particulars (read: being there) and knowing both sides, you can't expect anyone here to give you a decent answer.

Hea N

he shouldn't have done whatever got the cops attention
then he wouldn't have this problem
i'd let him take the heat

raviet31

In the evidentiary hearing you would argue that the confession is not admissable on the grounds that your client was not advised of his Rights and that the confession was coerced.

However, you will have to be prepared to argue that his confession was not given voluntarily.

darkdiva

Its grounds for an acquittal.

Phil

without the "rights" being read everything from the moment they were arrested can be thrown out of court. The DA has no case without the rights being read!

~*amâ™¥re*~

....you have the rite to remain silent anything you say or do can and will be held against you in the court of law...you have a rite to an attorney..if you can not afford one you will be provided one by the courts lol

.... he shouldn't have got arrested in the first place....stop looking for an easy way out .... everyone knows the Miranda rights by heart..why do you need to hear it again

....my 4 year old cousin learned the Miranda rights from watching Garfield: the tale of two kitties ( the scene after Jon puts him in a kennel) come on......that's something everyone knows

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