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Our Albuquerque Criminal Attorney Discusses False Exculpatory Statements
09 Nov 2015

Our Albuquerque Criminal Attorney Discusses False Exculpatory Statements

Judge Albuquerque Criminal AttorneyUnderstanding false exculpatory statements can confusing to most people. By using your Albuquerque criminal attorney, it can help you to understand what exactly false exculpatory statements are and how that directly effects you and your case.

What Is an Exculpatory Statement?

An exculpatory statement is typically a statement that is given to police by the defendant that can be used during trial as an admission of innocence. If the exculpatory statement is determined to be false, however, then it can be used as an admission of guilt for the defendant.

Exculpatory Statements Used as Evidence for Defendant’s Innocence

Typically, a defense attorney will not try to enter their client’s exculpatory statement as evidence during a trial because it could be considered inadmissible anyway as it is hearsay. However, there are several exceptions to this rule that will allow your exculpatory statement to be entered as evidence during a trial. The exculpatory statement could be entered if any of the following:

  • When your statement includes your physical, mental, or emotional condition during the time you made the statement
  • A statement that was made as an excitable utterance during a surprising event (for example, if you exclaim “I didn’t know that was in there” if drugs are found in your car trunk during a police search). It is what is determined to be an unplanned reaction to a surprising revelation.
  • If a present sense impression is made. This is a statement that is made by the defendant during the time of the event that describes the event or how it is perceived.

A False Exculpatory Statement Is Akin to Being Guilty

Many defendants will feel the need to tell the police a story that will exculpate them when they are being detained. Many times, the story that is being told is false. If the exculpatory statement that you have given to the police can be proved as false, that statement can be used against you in the trial. The prosecution will tell the jury your false exculpatory statement to cast doubt on you and your case. A jury may feel that if you lied to police about your exculpatory statement, then what else are you capable of lying about? If your false exculpatory statement is used against you in court, your attorney may try to deflect it by saying you were confused or that you had a pure motive for lying.

Speak Up To Invoke Your Right To Remain Silent

Prior to any interrogation, police must first administer the Miranda Warnings to a suspect in custody. These Warnings were established to protect a suspect’s right to be silent, and remain silent, until he or she can speak with an experienced Albuquerque criminal attorney. Any information relayed to questioning officers can be used against a suspect in court.

Contact Your Local Albuquerque Criminal Attorney Today

Twohig Law Firm can provide an Albuquerque criminal attorney who will help you fight for your rights! Call (505) 898-0400 today.


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