Q: What is the remedy if the police obtain an illegal confession then use it to force a plea in an unrelated case?
I was interrogated without a lawyer after requesting one and having verbally expressed my 5th Amendment privilege against self incrimination. I was not under indictment nor was I held on a complaint, yet the police told me I was not free to leave. The police report notes this. After an extended pre-trial phase, I was told that my confession would be used against me unless I took a plea deal in a different case. This is documented with correspondence between my attorney and the government attorney’s office.
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A:
If the police obtained an illegal confession after you requested a lawyer and invoked your Fifth Amendment rights, that confession is considered inadmissible in court due to a violation of your constitutional rights. The remedy for this situation is typically to file a motion to suppress the confession, arguing that it was obtained in violation of your right to counsel and against self-incrimination. If the court grants the motion, the confession cannot be used against you in any case, including unrelated cases.
However, the issue becomes more complex if the prosecution used this illegal confession to pressure you into accepting a plea deal in another, unrelated case. You may have grounds to challenge the validity of the plea agreement by arguing that it was obtained under duress or through coercion based on unlawfully obtained evidence. A court could potentially vacate the plea deal if it finds that the plea was involuntarily made due to the threat of using an illegally obtained confession.
It's essential to consult with a legal professional who can carefully examine the specifics of your situation, the timeline of events, and the communications between your attorney and the government. They can help you determine the best course of action, whether that involves filing a motion to suppress, challenging the plea agreement, or taking other steps to protect your rights.
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