How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your Legal Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

While the police mirandized me they knew i was under the influence

Customer Question

While the police mirandized me they knew i was under the influence of heroin; is what was said legal to use against me
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
Being under the influence of narcotics alone does not render any statements that you made inadmissible.
Courts have to look at whether the level of intoxication was such that it rendered the suspect "unable to exercise free will." Unfortunately there is no cut and dry definition or guideline to use in making this determination, and your defense attorney will no doubt be able to argue this point in your defense (well in advance of trial).
For further reading you can refer to this quick synopsis: http://www.nolo.com/legal-encyclopedia/miranda-involuntary-confessions.html, or this more detailed law review article: http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2765&context=californialawreview.
If you are not currently represented by counsel, I would highly recommend retaining an attorney yourself, or requesting a public defender be appointed to you prior to any further discussions with the police.