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Confessions in Federal Court
Understanding Confessions in Criminal Cases
A confession is a statement that a person accused of a crime makes outside of the courtroom. It must be a voluntary statement in which you acknowledge that you committed a crime or were the accessory to a crime. It must be understood that there is no way that your conduct would have been deemed to be legal and that your actions could not be defended.
How Does the Court Determine Voluntariness?
In order for a confession to be admitted into evidence, the trial judge must determine that the suspect voluntarily provided it. In determining the voluntariness of the confession, the trial judge considers the following:
When did the suspect make the confession? Was it after he or she was arrested, or was it before he or she was arraigned?
Did the suspect understand the nature of the offense he or she was suspected of committing at the moment that he or she decided to confess?
Was the suspect aware that he or she was not obligated to make any statements and that the statements that he or she freely made could be used against him or her?
Was the suspect advised that he or she had the right to obtain an attorney before he or she answered any questions?
Did the suspect have an attorney when he or she was being questioned or confessing to the crime?
What Is the Basic Rule?
The Fifth Amendment of The Constitution gives you the right not to incriminate yourself. Therefore, no law enforcement official can force you to confess to any crime. It’s the reason that you cannot be forced to talk to the district attorney in his or her office. It is also the reason that you will not be forced to testify at your trial. If FBI agents arrive at your home early in the morning, you are not obligated to answer any questions or make any confessions at that time.
Law enforcement officers can ask you questions, and you may answer those questions. The time when you are not obligated to answer questions is when the answer would be a confession to a crime or when the answer would incriminate you. For example, a law enforcement officer might have questions for you about another person’s involvement in a crime. You could answer these questions because the answers would only incriminate another person, but the time when you wouldn’t want to answer these questions is when you were an accessory to the crime. Then, you wouldn’t be obligated to answer these questions because you would be incriminating yourself if you did.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
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I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
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The government can encourage you to make a confession, but it must arrange a plea agreement that protects you. The plea agreement would state that you would be free to testify in a case that incriminates you, but you would not be prosecuted. In this instance, you would receive “immunity” for your testimony, but you would have to make sure that the law enforcement officer offers you an immunity deal in writing before you make the confession.
What Is a Miranda Warning?
If you are in the custody of a law enforcement official, he or she must give you a “Miranda Warning”. The Miranda Warning makes it so that the prosecution may present to the court what was said during the interrogation. If you did not receive a Miranda Warning before you confessed, the confession will not be admissible in court. You may have confessed to a crime after you received the Miranda Warning. If so, your confession would be admissible in court.
What Is the Motion to Suppress?
If law enforcement officials cause you to feel pressured to confess to a crime, your criminal defense attorney can file a Motion to Suppress the confession. The belief is that law enforcement officials broke the law during the interrogation, so what you said at that time should not be used against you in your court case. The government attorney may decide to drop the charges against you because he or she cannot tell the jury that you confessed to the crime.
Hire a Criminal Defense Law Firm
If you confessed to a crime and you believe that it wasn’t legal, you must contact a criminal defense attorney today.
