Challenging Co-Defendant’s Statement

By: Wallin & Klarich

An Experienced Defense Attorney Will Fight for Any Incriminating Statements by a Defendant or a Co-Defendant to be Inadmissible

A defendant has the right to challenge a statement made by a co-defendant or other third party on the ground that is was involuntary. A defendant has this right despite the fact that the defendant is not the one who made the statement.

In order for the statement to be involuntary the defense must show that the statement was obtained through methods of coercion. Courts consider a coerced confession unreliable and contrary to how the public at large would want law enforcement to obtain a confession. Therefore, coerced confessions are not admissible, whether they are the defendant’s own statement or those statements of a co-defendant.

The defendant has the right to challenge a statement a co-defendant made, even though the defendant himself did not make the statement because if the statement was coerced, it was obtained as a result of unlawful police conduct. Because courts seek to deter unlawful police conduct, coerced statements must be excluded under the Due Process Clause of the Federal Constitution.

Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom and/or ensuring you receive the lowest possible sentence. The skilled Los Angeles criminal defense attorneys at Wallin & Klarich have been helping people for over 30 years and know the benefits of asserting every defendant’s Constitutional rights.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-280-6839 or go to our website at for more information.

Posted In: Criminal Defense