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Can I Get A Confession Thrown Out In A Criminal Case?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

It may be possible to get a confession thrown out in a criminal case. This type of question is the number one reason why most criminal defense lawyers in Florida cannot pass the board certification exam. Even experienced lawyers are often confused when it comes to an analysis of the Fifth Amendment and Sixth Amendment-particularly when there are Fourth Amendment considerations as well.

The first step is to get the client’s version of what happened. I use a four-day fact pattern report process. Marketing directors of law firms frequently want lawyers to do lots of office chats and hand holding as a way to cross-sell, resell and upsell. There is just one problem for this method of gathering factual information for potential motions to suppress a statement or confession: it doesn’t work. So, we use the fact pattern report process instead.

After we file our initial pleadings, we will get a discovery exhibit from the state of Florida, which is a series of documents that are produced pursuant to the Florida Rule of Criminal Procedure 3.220B. Both the state and the defense are bound by the discovery rules if the defense elects to participate in the discovery process. I would guess that lawyers are going to want to engage in the discovery process 99.99% of the time, even though it has reciprocal duties. This is how you learn about a case and how you learn about the facts. In order to know whether or not a confession can be thrown out, we have to first know what the other side is going to say.

As body cams become more common, statements that are made outside of court are being scrutinized more carefully. We are finding all kinds of violations that we knew existed before, but could not prove. As a result, officers could not always be held accountable for their actions. In order to know whether or not a person’s statement or confession can be thrown out, we have to go over the facts with a top-notch criminal defense lawyer. It’s important that the lawyer understand that while you are telling your side of the story and you’ve written your fact pattern report, the answer will not be certain until all of the evidence has been examined. Only after all of the evidence has been carefully examined, tested and weighed can a defense attorney make a judgment call as to whether or not to file a suppression motion.

Is There Any Evidence That Absolutely Cannot Be Suppressed?

There is evidence that absolutely cannot be suppressed. There is an emerging body of case law that starts with Miranda vs. Arizona and continues to grow. The exclusionary rule is the rule that prohibits evidence obtained unlawfully from being used in a criminal trial. However, the exclusionary rule has come under attack ever since its creation simply because it’s pretty brutal in terms of the effect, many politicians believe that it allows people to get away with crimes, and many judges and prosecutors don’t like it.

Attempting to suppress evidence is a difficult process that requires gathering all of the facts of the case and comparing them to thousands of other cases. The United States is generally a case law country and the state of Florida is a case law state. Once you have gathered all of the factual information in this brand new case, you have to compare it to similar cases.

In some of the cases, the evidence is suppressed. In other cases that are almost identical, the evidence is not suppressed. This is because there are some facts that may seem to a criminal defendant to be very minor, when in actuality they end up being the deal breaker for suppression. So, you start from the position that evidence is not suppressible, and then as you are working on a case, you analyze whether or not you can get the evidence suppressed based upon the facts.

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

For more information on Suppression Of A Confession In A Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (850) 423-0035 today.

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Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just…

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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