Know Your 5th Ammendment Rights
If you are ever contacted by Federal Agents as part of an investigation, the first thing you should do is remain silent and ask to contact a Federal Criminal Lawyer because the Federal criminal justice system is an intimidating place to be. The federal court system is very different than the state court system. Even though you may have given incriminating statements to Federal Agents, there still may be hope of excluding those incriminating statements and keeping you out of jail.
The 5th Amendment protects people from “involuntary” incriminating statements to law enforcement be used against them in a court of law. An “involuntary” confession is one where the suspect’s self-incrimination was the product of law enforcement “techniques and methods offensive to due process.” Involuntary statements are inherently untrustworthy, and the use of such statements “violates our fundamental sense of decency.” A court must consider the totality of the circumstances, focusing both on the nature of the accused and the techniques used by the Federal agents.
Initially, the courts require that “coercive police activity” is a necessary requirement; thus, purely private coercion no matter how objectionable does not violate due process. However, coercion by private parties but “procured and sanctioned” by Federal agents may be sufficient.
Next, a Federal Criminal Attorney must determine if law enforcement officials elicited an “involuntary” statement from the client, notwithstanding Miranda warnings.
• What was the mental state of the accused?
• Was the accused on probation or parole?
• Was the accused intoxicated through alcohol or drugs at the time?
• What was the physical condition of the accused?
• Was there physical coercion?
• Was there psychological coercion?
• What was the intensity and length of the interrogation?
• Any promises of benefits of leniency?
• Any deceitful behavior by law enforcement?
To navigate through the Federal Court system successfully and have a better chance of not being charged with a Federal Crime, you must contact Wallin & Klarich to help you or your loved one. With over 40 years of experience as Federal Criminal Lawyers, Wallin & Klarich will assist you in this difficult time. Call us at 888-749-0034. We will be there when you call.
