If a person has just been taken into the emergency roomand isunder heavy sedation, can any statements that they make be used in court?

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If a person has just been taken into the emergency roomand isunder heavy sedation, can any statements that they make be used in court?

The person in the ER has 27% of their body burned (2nd and 3rd degree). They were given morphine injection and dilaudid. After that, they were questioned by a detective. The person burned does not remember answering any questions.

Asked on January 8, 2011 under Criminal Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I believe that the argument that you want to make here is that the person was not of sound mind to give any answers.  Who let the detective in anyway?  A person burned over 27% of their body had to be in excruciating pain and the drugs may not have even helped to ease it that much.  I am surprised that they were even conscious.  I would speak with an attorney on this matter as soon as you possibly can and let them know the facts of the case.  Was anyone else present during the questioning?  If yes I would have them go with you to the attorney's office so that the attorney knows what is coming, so to speak, if anything incriminating was said.  Good luck.


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