Most Americans are familiar with the concept of Miranda rights, even if many do not identify these rights by this name. “You have the right to remain silent…” is a phrase commonly uttered by television actors, film actors and book characters. Therefore the frequency with which Americans are reminded of this right is significant. However, it is understandably easy to forget this right once you have been arrested. It is easy for individuals who have committed wrongdoing to forget this right and it is very easy for individuals who have been falsely accused to forget it as well.
The pressures and stress of arrest can lead accused persons to embrace surprising behaviors. Normally calm people can become irate and emotionally agitated people can check out mentally while being questioned by law enforcement. Stress, fatigue and coercion can lead innocent individuals to submit false confessions to police. If you have uttered a false confession, please do not be ashamed. You are not alone. And thankfully, an experienced criminal defense attorney can help you to walk your false confession back.
According to a 2013 study, two-thirds of false confessions are uttered by adults. One does not have to be young and naïve to bypass one’s Miranda rights under the stress of questioning and coercion. The law takes note of this reality and honors the right of individuals to undo any potential damage done by utterance of a false confession.
Experienced criminal defense attorneys can move to suppress false confessions from evidence. If this evidence is suppressed, it cannot be used against a criminally accused person who uttered the false confession. Alternatively, attorneys can appeal certain confession-related issues post-conviction. This means that an attorney may be able to help you walk a false confession back whether you have just uttered it recently or if you have already been convicted partially based on that false confession.
The stress of being falsely accused and uttering a false confession can be overwhelming. An experienced criminal defense attorney can help you to understand your options and can mitigate the damage of a false confession under a number of circumstances.