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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110509
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Detectives from the state attorneys office questioned ...

Customer Question

Detectives from the state attorneys office questioned me for approx 2 hours. This was after I told them I had the flue and was on medications. I was not morandized, will my statements hold up in court?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
The police cannot question you in a criminal matter without advising you of your Miranda Rights, which you already seem to be aware of. If you were not Mirandized and given the opportunity to get a lawyer, then you can challenge the statement and seek to get it surpressed and not admitted in court against you. You can also challenge the statement based on your physical condition at the time of the intrrogation, but you will need medical documentation to support the fact that you were not fully capable of making rational decisions at the time they interrogated you.

You need to have an attorney get involved to fight to have this statement thrown out. If you cannot afford one, you can go to your Legal Aid Society and/or your State Bar Association for a low cost or free attorney, at least to begin the process, even before they appoint you a public defender in court.

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Customer: replied 8 years ago.
Is the State Attorney Investigator considered law enforcement?
Expert:  Law Educator, Esq. replied 8 years ago.
Absolutely. They are hired by the governmental prosecutorial agency and have the authority to arrest, therefore, they are considered law enforcement.