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CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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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:, or this more detailed law review article:
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.