Can you recant a self incriminating statement,if no lawyer was present?
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Can you recant a self incriminating statement,if no lawyer was present?
Basically, can a statement be used of it is recanted? Police did search then got search warrant. A statement was made. Self incriminating. What should I do?
Asked on March 16, 2011 under Criminal Law, Minnesota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Were you in custody at the time that you made the statement? And were you given your "Miranda" warning (i.e read your rights - the right to remain silent, the right to speak with an attorney, etc)? If you made this statement before you were taken into custody or if your were in custody, and waived your rights (voluntarily spoke after being told that you didn't have to), then your statement is admissible as evidence against you. However, if you were in custody and did not waive your Miranda rights, then any statement made after that time cannot be used against you (if there is no other compelling evidence against you, your case may be dismissed). In other words, if you asked for an attorney and were not provided one, and then were intimidated or otherwise coherced into making a statement, you have a good defense against the inadmissibility of the statement.
Bottom line, you really need to speak to an attorney about all of this. Anytime criminal charges are involved it is always advisable to have legal representation. Skilled and experienced criminal defense counsel can best advise you further.
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