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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16625
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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i was told by police officer if i did not admit to what he

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i was told by police officer if i did not admit to what he asked me that he would then charge me with a felony which was not even state law come to find out i feel this was a direct violation of my rights told me five years in prison if i would not confess to a charge of dui.which i did not he then became very hatefull i go to court june eleventh he did not charge me with the offense he threatened me with was this ethical from a leagle point
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello Jacustomer,

Although you are not going to like the answer, the fact is that the US Supreme Court has ruled that police officer cah lie and can use deceptive and coercive techniques to fight crime. In fact the only place where they have to be honest is on the stand.

So, while it's not ethical behavior to lie, it is legal for the police to do it during the course of investigating you.

You could certainly report the officer's treatment of you to his superiors and even to the Kentucky State Attorney General's Office if you like, but legally the officer is on solid ground.

And you, incidentally, did exactly the right thing. When you know you are a suspect or a defendant on a criminal case, you can never go wrong by refusing to give up your right against self incrimination. It won't make the police happy if they don't get a confession out of you, but they know it's your absolute riight to remain silent about anything that can be used against you.

Well done!
Customer: replied 2 years ago.

okay thank you but he also serched and took a keepsake my father gave me that he said was a conceled weapon which he was told by afellow officer it was not it was a hand carved piece of wood he also searched car without good cause found nothing i might add i did refuse breat test and he would not let me take urine our blood instead i did so beacuse had threatened with the felony charge i became fearfull he could alter the standard breath test thank you verry worried!

Expert:  Zoey_ JD replied 2 years ago.
Hi Alton,

When you get your lawyer you should let him know about the keepsake, If the police officer vouchered it as evidence or gave you a receipt of some sort for it, your lawyer can speak to the prosecutor and get a release of your property. If the police officer did not do either, while you can try to get it back, my experience has been that nobody at the precinct will know what you're talking about when you try to claim it. But in any case you don't want to put yourself in a situation where you have to talk to the police right now. Leave that to your lawyer.

As far as the breathalyzer is concerned, this cuts two ways. You don't have the right to choose which test you want. Under your state's implied consent law you are deemed to accept whichever the officer proposes. If the BAC was very high, there could be enhanced penalties, which is likely why he was talking felony to you. Without your BAC, while your license will be suspended for longer, you've made it almost impossible for the state to prove a felony against you. That's why they charged you with a misdemeanor.

As I've strongly hinted, you should have a lawyer. All criminal defendants should, and that's why the Constitution gives us a fundamental right to representation if we are charged with a crime. The law is tricky and a conviction can have lifetime consequences. If you can afford one, you should have him with you on your court date. If you cannot afford one, then just plead NOT GUILTY ar your arraingment so that you can keep all of your rights open and ask the judge to appoint you a free lawyer.

Good luck!
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16625
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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