Q: charged w/takin parents vehicle without permission. Cops on Cell recording not reading my rights. Can throw out court
I took my moms vehicle which I was given a key too with permission to use everyday to take brothers to school and personal use if I ask, I was told not to go out and took the car out anyway one night, they told me to be home by 10 or they’d call police. I arrive at 10:30, see the cops as I pull in and press voice record on phone, the cops question and arrest me without reading my rights, I did admit on recording to knowing I didn’t have permission which I’ve read the admission of guilt can be thrown out in court.. if they don’t have a confession could I have this charge thrown out considering the fact I had a key to the vehicle?
A: We would need some more information before we can answer that question. The issue would be if you were in custody at the time that you made the admission. You will need to reach out to a criminal defense attorney in your area or the public defenders office if you can not afford a private attorney so that they can get full discovery in the case before anyone would be able to answer that question for you. Even if the statement was thrown out, the State could go forward with the charge if they believe that they have enough other evidence to do so.
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