Can any statements be admissible in court during a post-ictal phase of seizure if a neurologist testifies persons are not aware of surroundings/language for up to 24 hours and questions cannot be answered accurately?

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Can any statements be admissible in court during a post-ictal phase of seizure if a neurologist testifies persons are not aware of surroundings/language for up to 24 hours and questions cannot be answered accurately?

I had 2 seizures history of epilepsy and was then was questioned by police. I’m now being charged days later with 2 felonies and a misdemeanor possession of controlled substances work in vet field. My co-worker is extremely malicious. As far as I recall I did not say anything to police.

Asked on September 11, 2015 under Criminal Law, Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

To be used in court, any statement has to be made knowingly and voluntarily.  If your statement if any was not given knowingly or voluntarily because of your medical condition, then you would need to file a motion to supress those statements.  If you didn't make a statement, then you don't have to worry about supressing a non-existent statement.  The way to find out whether or not you made a statement is to file requests for discovery.  I strongly reommend that you seek counsel to help you with these issues.  If they are not filed or pursued properly, they could result in a waiver of some very important rights and defenses.


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