Washington, IN asked in Criminal Law and Federal Crimes for Indiana

Q: During a drug raid, can anything I say be brought up in court?

And if so, can I talk to a lawyer to have it made anonymous?

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1 Lawyer Answer
Mark Broughton
Mark Broughton
Answered
  • Criminal Law Lawyer
  • Fresno, CA

A: That's a complicated question. If you make spontaneous statements with no questioning by law enforcement, yes, those can be admitted as evidence. If, however, you are "in-custody" (term of art), and you are questioned by law enforcement you must give a knowing and intelligent waiver of your rights; this is usually done by reading you your so-called Miranda rights prior to questioning. So there are no easy answers and each statement/case depends on the particular facts and circumstances. These issues are frequently litigated prior to trial. There is no such thing as an anonymous statement, except in cases where the person is a confidential informant, rather than an accused or a percipient witness. You should talk to an attorney about the specifics of your situation.

Paul Stanko agrees with this answer

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