Criminal Law Questions? Ask a Criminal Lawyer.
The affidavit cannot be used against you if you were not of sound mind at the time you signed it. However, you do not necessarily have to be sworn in to sign an affidavit, as long as the affidavit is witnessed and stamped by a notary. That said, since you were not of sound mind, your attorney can and should file what is called a Motion in Limine to exclude this evidence against you. When the motion is filed, a hearing can be held strictly as to this piece of evidence and whether it should be a part of the record and/or considered as to your guilt or innocence.
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Based on what you have shared with me, they should not be able to use this against you for a number of reasons:
(1) It does not meet the standards of a sworn statement; and
(2) You were not of sounds minds, even if it did meet the other standards.
That said, in an abundance of caution, I would file a Motion in Limine to have it excluded, just to make sure they do not try to use this against you.
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Please also rate my answer positively. Thanks!
Just checking to see if you have any other questions or comments. I want to make sure you are as comfortable as possible moving forward. Thanks