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Our Albuquerque Criminal Defense Lawyer Discusses Preparing Involuntariness Claims
14 Sep 2015

Our Albuquerque Criminal Defense Lawyer Discusses Preparing Involuntariness Claims

Scale of justice Albuquerque Criminal AttorneyNot everyone who confesses is guilty; abuses in the criminal justice system can lead to false, coerced and involuntary confessions, which lead to wrongful convictions and injustice. According to statistics compiled by the Innocence Project, more than one out of four people who were wrongly convicted but later exonerated by DNA evidence provided a false confession or gave an incriminating statement.

Signs of a Potential Involuntary Claim

Your Albuquerque criminal lawyer will thoroughly investigate your case to provide the best defense possible given the facts and circumstances, but realizes an involuntary confession may be an issue in certain types of cases, such as:

  • The police interrogation is particularly lengthy
  • The underlying crime is such that law enforcement is under pressure for a quick resolution. This may be due to the horrific nature of the crime or who the victim is, such a child or a police office, for example.
  • The police know the defendant to have suffered some mental or emotional disturbance
  • The police threatened the defendant or the defendant’s family

Proving the Claim

Perhaps needless to say, an Albuquerque criminal lawyer faces an uphill battle in bringing a claim of involuntariness. Initially, it is counter-intuitive to believe a person would confess to some crime he or she did not commit. But more importantly, the police have control of the majority of the evidence and clearly have a vested interest in maintaining the integrity and validity of the confession. Physical abuse, if part of the claim, must be documented as soon as possible. To the extent any existing mental or emotional impairments are present, medical records establishing this must be gathered. All law enforcement personnel involved in the incident must be subpoenaed. Establishing the exact nature of the interrogation, any exculpatory statements the defendant may have made and any threats or promises law enforcement may have made will all be critical pieces to establish.

Contact an Albuquerque Criminal Defense Lawyer for Legal Advice

If you believe your rights may have been violated in your encounter with law enforcement, you need to explore your options with knowledgeable counsel. Call the Twohig Law Firm, an Albuquerque criminal defense lawyer, at (505) 898-0400.

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