Can you recant a self incriminating statement,if no lawyer was present?

UPDATED: Mar 16, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 16, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption