Can you get a confession thrown out or the case if you recant your statement and there is no evidence but your confession? 11 Answers as of March 04, 2013

Does a lawyer have to disclose everything he has if some of the evidence could make his client's case look bad?

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
You can recant your confession but that will do no good most of the time. Your lawyer will run a Huntley Hearing to try to get the confession suppressed but that is not likely to be granted. Your lawyer cannot reveal confidential information that you told him while he was retained to represent you.
Answer Applies to: New York
Replied: 3/4/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
There has to be other evidence that a crime was committed or they can't charge you. It is called the corpus delectation rule.
Answer Applies to: Michigan
Replied: 3/1/2013
William L. Welch, III Attorney | William L. Welch, III
In a suppression hearing a judge would decide whether a statement was taken in violation of the Miranda rule. At best the answer to the question whether a lawyer must disclose something is: it depends. An attorney can assist you with evaluating the states case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence.
Answer Applies to: Maryland
Replied: 2/26/2013
Universal Law Group, Inc. | Francis John Cowhig
Depending on the circumstances of the confession, it may be suppressed. If you have an attorney, you should be discussing this with your attorney. If you do not have one, you need to hire an attorney as soon as possible, if not sooner.
Answer Applies to: California
Replied: 2/25/2013
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
A lawyer CANNOT disclose anything without his client's permission. Recanting a statement does not make that statement inadmissible. One is generally not able to be prosecuted on a confession alone there must be some evidence that a crime was committed.
Answer Applies to: Texas
Replied: 2/25/2013
    Law Offices of Christopher L. Jackson, LLC
    Law Offices of Christopher L. Jackson, LLC | Ryan D. Mulroney
    Generally the answer is yes a lawyer has to disclose unless it is work product or attorney client privilege, but a confession, if made to the police or someone else cannot be recanted if you want to change your story. If the attorney is the person you confessed to, he likely can't let you testify or you will have to hire separate counsel who doesn't know of that issue.
    Answer Applies to: Kentucky
    Replied: 2/25/2013
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    You've actually asked several questions. It sounds like you have a lawyer already. He or she is in a far better position to advise you about your case than random online attorneys. Here are a quick couple of points. 1.) Confessions do not get thrown out by simply recanting the statement. If only it were that easy. Every confession ever given would be thrown out if the defendant just needed to say "Oh, I take it all back". 2.) Defense lawyers are never obligated to turn over evidence to the prosecution to use against their client. That's obviously a conflict of interest. PC 1054.1 requires defense attorneys to turn over some types of evidence if they anticipate using it in trial. The rules for this are too complicated to go into here.
    Answer Applies to: California
    Replied: 2/25/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If your attorney can file a motion to suppress the confession, due to lack of reading of Miranda rights, as well as coercion and other legal reasons for suppressing any statement, the case would be dismissed, if no other evidence existed. As for evidence held by the lawyer, if it is privileged information between you and the lawyer, or the "work product" of the attorney representing you, it cannot be subject to the prosecution's discovery, and not disclosed to the prosecutor.
    Answer Applies to: Illinois
    Replied: 2/25/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Your prior statement will not be thrown out because you recant. At trial, you can recant, and the jury will examine your in-court statement and your prior statement, and choose to believe, whichever statement they/jury want. In addition, there must be evidence of an offense, which you confessed to. For example, you did not confess to a burglary, and there was no actual burglary. Your attorney should not be revealing harmful things to the prosecutor, unless your attorney opted into discovery.
    Answer Applies to: Georgia
    Replied: 2/25/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No you can't have a confession thrown out. If a simple recantation means a confession gets thrown out, then 99.99% of confessions would be thrown out.
    Answer Applies to: California
    Replied: 2/25/2013
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    Confessions may be suppressed, but only in the right circumstance, such as police coercion or lack or Miranda warnings. Even then, it will be a fight. The communication between the lawyer and the client are generally protected by attorney client privilege as well as confidentiality.
    Answer Applies to: Kansas
    Replied: 2/25/2013
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