Criminal suspects sometimes confess to law enforcement before seeking counsel from a Grand Rapids criminal defense lawyer. The confession may then be the most damning evidence against him or her. A good defense attorney may still have options when building a defense strategy.
If a suspect confesses, a Grand Rapids criminal defense attorney may work with the prosecutor on a potential plea bargain. This may be a viable option if the defendant has information on a larger criminal target that he or she is willing to provide the police in exchange for a reduced charge or sentence recommendation.
Challenges to How the Confession Was Obtained
A Grand Rapids criminal defense attorney is well versed in the constitutional protection afforded criminal suspects. If the police failed to read the suspect their Miranda rights or refused their request for a lawyer, the confession may have been unlawfully obtained. Your attorney will carefully review the procedures used to obtain the confession. If the suspect’s rights were violated, there is a chance the confession was tainted or could be thrown out of court.
Confessions That Bolster a Defense
As your attorney can explain, the prosecution must prove every legal element of a crime charged in order to obtain a conviction. Even if a suspect confesses, there may be facts that could bolster a defense. For example, if the suspect is accused of rape and confesses to intercourse but insists it was consensual, this confession may not support a conviction. Additionally, the attorney will carefully consider whether the defendant was under duress or suffered from a mental disability at the time of the confession. If so, this could sustain a motion to suppress the confession.
It’s important to seek counsel from an experienced criminal defense attorney before you admit anything to law enforcement.
Call a skilled Grand Rapids criminal defense lawyer right away if you’ve been charged with a crime. To schedule an appointment for an initial consultation with the law offices of Miel & Carr PLC, call 616-773-2945.