If wrongful confessions are used against you during trial, it could lead to an improper conviction and sentencing. In addition, a wrongful confession that is used by authorities may lead to monetary and reputation damage. Subsequently, it is important to understand what a wrongful confession is and take action if you are a victim.
What Are Wrongful Confessions?
A false confession occurs when a suspect pleads guilty to a crime they did not commit. This may occur due to psychological coercion, physical intimidation or a misrepresented statement that does not reflect what the suspect actually intended to say. Suspects can take legal action to ensure a wrongful confession is deemed inadmissible in court. In some instances, the suspect can file a wrongful confession lawsuit.
Psychologically Coercive Police Methods
A main reason for wrongful confessions is psychologically coercive police methods. Law enforcement officials are not allowed to coerce or manipulate a suspect into giving a confession. If any coercive methods were used while questioning the suspect, then the confession may be thrown out and deemed inadmissible in court.
Physical Intimidation Or Torture
Mental or physical abuse is, of course, not allowed when questioning a suspect. If the suspect is threatened or harmed mentally or physically, then any confession they provide is deemed wrongful and should not be allowed during a trial.
A Misrepresented Statement By Authorities
If a law enforcement official takes something the suspect says as a confession but was not intended to be a confession, then it may be deemed wrongful to use the statement as a confession in the courtroom. If a false statement is used as a confession or if the suspect denies making a statement that is presented by authorities, then the suspect can take legal action.
What Action Can Victims Of Wrongful Confession Take?
The primary goal of many victims of wrongful confession is to ensure the confession is not used against them during a trial. This is achieved through the court deeming it inadmissible. For egregious cases in which the wrongful confession is caused by physical threats, intimidation or torture, or if the wrongful confession has an impact on the suspect’s reputation or income, then the victim may be able to file a lawsuit.
The Benefits Of Working With An Attorney
Whether you are seeking to have a wrongful confession not allowed to be used against you or are interested in filing a lawsuit against a particular law enforcement official or department, the process is made much easier by working with an attorney. One wrong move in the process may lead you to lose the case, and an experienced wrongful confession attorney ensures the process is followed properly and works on your behalf to get you the result you desire.
Speak To A Qualified Attorney
If you or someone you know has been the victim of a wrongful confession, seek out the aid of a qualified attorney. An attorney will work to provide you with the best possible outcome, and keep you informed all along the way. Our team at The Brown Firm is prepared to represent you if you are the victim of a wrongful confession. You can contact us by phone at 703.828.0900 or contact us online to start the process of legal action.