San Diego Criminal Lawyers Blog
If you have been arrested and charged with a crime, the best thing you can do is to cooperate with authorities on basic matters, like providing your name, and then respectfully request an attorney before answering any other questions. That is because, in the criminal justice system, coercion can be an issue that leads to real problems for you down the road. Any confession, coerced or otherwise, is going to be a headache in one way or another.
Volunteer Nothing
If you are in custody, you are a suspect. You may think that being cooperative and answering questions will demonstrate your innocence, but nothing could be further from the truth. And do not think that you can use the fact that you had not yet been Mirandized as a defense—police can always claim that they would have figured out our guilt without your help. So never, ever share incriminating information, no matter how innocent you think it is.
Police Coercion
When authorities–like police– pressure or intimidate individuals in order to get a confession, it sometimes leads to poor outcomes for victims, communities, and even law enforcement agencies. Some techniques that can be disastrous include:
- Threatening horrendous consequences if cooperation is not forthcoming;
- Using rank and the associated power to intimidate someone who is already afraid of police;
- Psychological techniques that confuse or frighten victims;
- Lying to scare suspects;
- Physically threatening individuals.
Coerced Confessions
Even when one waives their Miranda rights, when police do not live up to expected standards of interrogation, they can get coerced confessions from unsuspecting detainees. Obviously, punching a suspect or pointing a weapon at them in order to get them to confess is extreme, but there are much more benign ways authorities might coerce. Improperly threatening to go after family members, publicizing embarrassing information about a suspect, or even refusing to let a suspect use the restroom or have food and water are techniques that could lead to involuntary or coerced confessions.
Consequences of Coercion
The obvious issue with coercion is that innocent people get sent to jail, leaving the real criminals on the streets to repeat their crimes. But that does not have to be the case. When officers intimidate a suspect, which results in getting that suspect to acquiesce to authority, the confession and any information shared under duress could be suppressed, meaning the evidence would not be admitted in court. It could all be considered “fruit of the poisonous tree” and be inadmissible.
Innocent Until Proven Guilty?
We have all heard the common refrain: innocent until proven guilty. Sadly, it does not always work out that way in the real world. The skilled criminal defense attorneys at Boertje & Associates always fight for the best possible outcomes for you. To discuss your charges further, schedule a confidential consultation in our San Diego office today.