Finding yourself involved in a felony investigation can be a distressing experience, particularly if you've already provided a statement to the police. However, all hope is not lost. If you believe your statement was obtained unlawfully or under coercive circumstances, you may have grounds to seek its suppression.

Understanding the Importance of Suppressing Statements:

In criminal proceedings, statements made to law enforcement can be critical pieces of evidence used against you. However, if those statements were obtained in violation of your constitutional rights, such as through coercion, duress, or without the proper advisement of your Miranda rights, they may be deemed inadmissible in court. Suppressing these statements can significantly weaken the prosecution's case against you and improve your chances of a favorable outcome.

Steps to Take After Giving a Statement:

1. Consult with a Criminal Defense Attorney: If you believe your statement was obtained unlawfully, the first step is to consult with a qualified criminal defense attorney who has experience in handling suppression motions. They can assess the circumstances surrounding your statement and advise you on the best course of action.

2. Gather Evidence: Work with your attorney to gather any evidence that supports your claim that your statement was obtained improperly. This may include witness statements, audio or video recordings of the police interrogation, or documentation of any coercive tactics used by law enforcement.

3. File a Motion to Suppress: Your attorney will file a motion to suppress the statement with the court, arguing that it was obtained in violation of your constitutional rights. This motion outlines the specific grounds for suppression and requests that the court exclude the statement from evidence.  The most common grounds in support of a Motion to Suppress are Miranda violations of the 5th Amendment Right to Remain Silent or Right to the Presence of Counsel, the 6th Amendment Right to Counsel Prior to Questioning, or 14th Amendment due process violations- in addition to State Constitutional grounds, for matters pending in State Court.

4. Attend a Suppression Hearing: The court will schedule a suppression hearing where both the prosecution and defense will present arguments and evidence regarding the admissibility of the statement. Your attorney will advocate on your behalf, highlighting any constitutional violations and arguing for suppression.

5. Await the Court's Decision: After the suppression hearing, the court will issue a ruling on whether to suppress the statement. If the court grants the motion to suppress, the statement cannot be used against you in trial, significantly weakening the prosecution's case.

6. Prepare for Trial: If your statement is successfully suppressed, your attorney will work with you to prepare for trial, focusing on other defense strategies and evidence that can support your case.

Conclusion:

If you've given a statement to the police in a felony investigation and believe it was obtained unlawfully, it's crucial to take action to protect your rights. By working with an experienced criminal defense attorney and filing a motion to suppress, you can challenge the admissibility of the statement and improve your chances of a successful defense. Remember, you have the right to challenge evidence obtained through unconstitutional means, and exercising this right is essential to ensuring a fair legal process.

If you have given a statement to police in a Rhode Island felony case, contact Manosh Payette, LLC at 401.854.7794 and we can provide a free case strategy session to discuss the best way to fight your case.