Lawyer denied

[Sprint06]

What is the name of your state? Missouri (Kansas City)

My step-son is charged with armed robbery and told by the Detective that he was not allowed to have a lawyer, and advised of what to say in his statement. He was promised that he would go to jail for life if he did not say what the detective wanted him to, which ended up being a full confession to the alleged crime.

Is there any way to get public records on this detective to see if he has had complaints against him ? We want to get the charges minimized.

 

[seniorjudge]

What is the name of your state? Missouri (Kansas City)

My step-son is charged with armed robbery and told by the Detective that he was not allowed to have a lawyer, and advised of what to say in his statement. He was promised that he would go to jail for life if he did not say what the detective wanted him to, which ended up being a full confession to the alleged crime.

Is there any way to get public records on this detective to see if he has had complaints against him ? We want to get the charges minimized.

How old is your son and why did he sign the confession?

 

[Sprint06]

He's 18. He signed it because he is very naive and believed what the detective was saying.

 

[zippysgoddess]

And the fact that everyone in the US is told repeatedly that they have the right to a lawyer is beyond his scope of reasoning? Give me a break, it is on every crime TV show, news stories, the Miranda Rights, newspapers, magazines and etc.

How could you live on this earth and believe that anywhere in the US you are not entitled to a lawyer?

I am betting there is more to this story than you know.

Anyone over 18 of reasonable intelligence knows that you don't go to jail for life for theft and you are entitled to a lawyer. Sounds like he confessed and now regrets it!

 

[Two Bit]

Call the detective's department and ask them how to do an open records request for the detetives complaints.

You can look at them, but they won't do you a lick of good.

 

[CdwJava]

Many (most?) states will not allow you to look at the complaints in an officers file without a court order ... and a court order on a fishing expedition is not likely.

Your adult step son can have his attorney make a motion to suppress the confession if he can make the case that it was coerced or that he was denied counsel. However, depending on where he was when he signed the confession, Miranda may not apply. If the detective was at his house telling him that it would be in his best interest to sign the confession, it may not be seen as coersive as his being in an interview room at the PD.

Also, understand that you were not a witness to what REALLY happened (at least it appears that you were not present) so it may be possible that your son-in-law's version of events is a tad skewed.

- Carl

 

[outonbail]

What is the name of your state? Missouri (Kansas City)

My step-son is charged with armed robbery and told by the Detective that he was not allowed to have a lawyer, and advised of what to say in his statement. He was promised that he would go to jail for life if he did not say what the detective wanted him to, which ended up being a full confession to the alleged crime.

Is there any way to get public records on this detective to see if he has had complaints against him ? We want to get the charges minimized.

Before looking to blame the detective, you should ask yourself, "did your son in law commit armed robbery?"

Because, writing out and signing a confession for armed robbery, when you didn't commit such a crime, isn't something you can claim is the result of being very naive, because it's a completely freekin retarded thing to do to yourself! Were not talking shop lifting here, were talking prison, lots of prison!

It's

 

[Two Bit]

In Georgia, our complaints are all public record. I think most of our personnel files are public record. They're also not very useful, because none of the information in there can be used to impeach us at trial.

 

[CdwJava]

In Georgia, our complaints are all public record. I think most of our personnel files are public record. They're also not very useful, because none of the information in there can be used to impeach us at trial.

Yeah, but it can sure be embarassing ... and can be used to taint reputations. Someone blabbing about unsubstantiated allegations can certainly make it appear as if an officer is a rogue. "Just look at all the use of force complaints!"

Thank God they can't be accessed readily here! Although some agencies (like LAPD) now use a warning system where even unsubstantiated allegations are counted against an officer for transfers and promotions ... ergo, the officers have become far more timid and arrests dropped for a long time. They are only now starting to become more assertive again.

- Carl

 

[Two Bit]

Every once in a while you'll see people posting stuff from open records checks on one of our local boards. It doesn't really come out as a very big thing. however, I'd like it better if it were more restricted.

 

[calatty]

Unless the officer refused him a lawyer and threatened your son on tape, no one is going to believe him. There are procedures for obtaining police personnel files. His attorney will have to evaluate whether his case calls for making the appropriate motions.