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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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what are the best ways to get a statement thrown away in court

Customer Question

what are the best ways to get a statement thrown away in court? or in other words a confession of the defendent thrown away. I need a list. Like if he was drunk and had proof of intoxication at the time of the testimony. or a phobia of fear of police which nowadays even have groups for them. something useful. and how to do it. or a great lawyer that can focus just on that one specific need that may be hired.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- The only way to get a statement "thrown out" is to file a motion to suppress and be able to show that the statement was improperly obtained. Being drunk is not a reason however fear of police could be considered as coercion to make a statement under duress. The issue is basically whether the defendant was properly informed of his or her right to remain silent.


Most people think that the cops have to read the Miranda warnings upon initial contact but that is not the case and the cops know it. What they do is start talking tot he suspect before they make an arrest. There is no requirement to read the rights until after an arrest is made and before any questioning.


We do not represent clients from this website and I doubt any lawyer would take a case to only argue this one aspect since it is part of the overall defense in a criminal case. Most defense lawyers can assess a situation to see if there is a reasonable basis for a motion to suppress statements made to the police that were in violation of the defendant's Constitutional right to remain silent.


Dave Kennett