Why You Should Retain an Experienced Criminal Defense Law Firm to Help You
Confessions must be the product of a voluntary statement. Whether a confession is voluntary becomes very relevant in the context of a law enforcement interrogation. If a defendant challenges the voluntariness of a confession or admission, the prosecution has the ultimate burden of showing the statement was voluntary. This burden is entirely separate from the question of whether proper Miranda warnings were given and whether a waiver was given.
A confession is invalid if the surrounding circumstances show that the confession was the result of some form of coercion. This is true even if Miranda warnings were given and rights were waived. Make sure to detail the facts and circumstances surrounding your law enforcement encounter. Your criminal defense attorney may be able to argue that your confession or admission was the result of coercion, and thus, not voluntary.
It is essential to speak with a knowledge criminal defense attorney when facing criminal allegations. An attorney will ensure your constitutional rights are protected. If you or someone you love is being investigated or facing criminal charges in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.