Q: Can a statement be thrown out?
A:
Although a defendant's statement may be challenged by the filing of a motion to suppress statements, there is no guarantee that the court will, in fact, suppress the statement.
There are a number of legal grounds that may be detailed in such a motion to determine whether or not Miranda rights were given and freely waived and whether or not the statement was voluntarily given.
Please contact an experienced defense attorney to determine whether or not there is a viable motion to suppress and whether the strategy of your case would make pursuing such a motion a good idea.
This posting is for informational purposes only and does not constitute legal advice nor establish an attorney-client relationship between the parties.
Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
312-972-3756
levin@lorilevinlaw.com
www.lorilevinlaw.com
www.facebook.com/chicagodefense
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.