Can a confession get thrown out?

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Can a confession get thrown out?

I was questioned by a detective about my friend having me deposit her check into my checking account for payment of her staying with me and then claiming I stole it because we got into a fight weeks later. I admitted to depositing the check into my account but the dates that the detective stated they were deposited were not correct and I can prove that with my bank statement. But due to pressure I confessed to the dates the detective was telling me during interrogation. Under those circumstances can the confession get thrown out?

Asked on January 31, 2012 under Criminal Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The main reason or grounds for discarding a confession is that the accused was either denied his or her right to council or that the accused was not appraised of his or her right to remain silent (the constitutional right against self-incrimination) or the right to council. If an accused or suspect were told  his or her rights and was not denied an attorney, but chose to give a confession anyway, or if someone was not then a suspect but spontaneously confessed to the police, it is likely the confession would stand.


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