Confessing To A Crime Not The End of Your Case (But Seriously, Don’t Do It)
Over the last decade and a half, I have seen client after client come into my office after having already spoken to the police. And many times, they have confessed, sometimes falsely. Other times they have made statements that corroborate the allegations against them.
*Reminder – this is why you never should speak to the police without first consulting with an attorney. Especially if you are innocent!
Whether it is a confession or simply statements that will be twisted against them, my clients always say the same thing to me, "I confessed so I'm cooked" or “I really hurt myself by talking to the police didn’t I?” I am here to say, "absolutely not!"
Confessing To A Crime Not The End of Your Case.
This is not just a lofty, kind of crazy, criminal defense attorney statement This is a fact. Your confession is not the end of your case. Here are some examples of why I believe that a confession does not always mean the end of your case.
Not All Confessions Are Created Equally
Not all confessions are created equally. There is a spectrum that ranges from the true and full confession to the false confession. Sure, the closer you get to the "true and full confession" end of the spectrum, the more difficult it will be to achieve an acquittal, but it is not impossible!
For example, let's say you are a victim of domestic violence and your abuser calls the police on you for hitting them. Maybe you admit to striking them in anger, but you also tell the police about the years of abuse you have endured. You might even have some proof. Your confession is not just an admission to an assault – it is a cry for help. It is mitigation. And in some cases, a defense.
Maybe you admitted to having sexual relations with someone who has accused you of sexual assault. Yes, you have admitted to an element of the offense, but your admission can also be utilized in a consent defense.
Cooperation with the police, even if it leads to your conviction, can be used in your favor at sentencing. For example, your attorney can argue that you accepted responsibility – even if you ended up going to trial. Your attorney may even be able to argue that but for your confession, the State would not have been able to convict you and therefore your cooperation deserves special consideration in sentencing whether or not you pled guilty or went to trial.
This is why choosing an experience New Hampshire criminal defense attorney is so important. You need an attorney who not only will fight for you, but who knows how to fight for you. That means knowing how to take an admission and use it to fight for your freedom.
Call Attorney Anthony Naro of Bernazzani Law to fight for you!
To Be Crystal Clear - Do Not Talk To The Police Without Speaking To An Attorney!
Now, this is not an endorsement to confessing - or talking to the police! Sure, there are people who talk to the police and don’t get charged. But at the end of the day, if the police are going to charge you after you tell them “I want to speak with a lawyer before making any statements,” do you really think you weren’t going to be charged to begin with?
The United States Constitution and the New Hampshire Constitution both grant you the right to remain silent. Exercise that right early and often. And while you’re at it, exercise your right to counsel and call Attorney Anthony Naro of Bernazzani Law and protect your freedom!