does the statement given to cop by the defendant

[softvirgo]

What is the name of your state (only U.S. law)? California

before police arrest is admissible in court trial.

My brother was arrested for i think dui charge in placer county. though they came home to arrest him and he was not in control of his car.

He may have said, that he felt like he is drunk or not well and parked his car in parking lot and somebody drove him home. police came after 10 minutes he reached home. according to the cops they have some witness for the same.

I just want to make sure that if cop is talking to him at his home and he admitted he drinks but not driving, does these statements are admissible in court trial?

also I talked to few attorneys and they said it is fightable case. I did not ask them about statements are admissible or not. Anyhow if I want to take this case to trial can you guys recommend some very good fighter attorney in sacramento or roseville. His case is in placer county

[softvirgo]

question asked here.

We need to get an attorney asap, if anybody can also recommend any good attorney?

[Zigner]

This is not an attorney referral service. Please use the orange "Find a Lawyer" button on the right side of the page.
Or, pick up the phone book.

[CameronNewport]

Originally Posted by softvirgo

I just want to make sure that if cop is talking to him at his home and he admitted he drinks but not driving, does these statements are admissible in court trial?

Yes, the statement is probably admissible as a party admission, and is either not considered hearsay, or is an exception to the hearsay rule.

[CdwJava]

Originally Posted by softvirgo

I just want to make sure that if cop is talking to him at his home and he admitted he drinks but not driving, does these statements are admissible in court trial?

It depends on the totality of the circumstances, but unless he was under arrest or restrained by force equivalent to an arrest, then his statements are almost certainly admissible.

- Carl

[softvirgo]

at that time he was talking to cop, he was not under arrest or restrained by force. But he said few things which may be damaging his case. He may have said it in scare or whatever.

So if he takes this case to trial does those statements can be admissible in court if he volunteer some information as asked by officer before arrest.


Please suggest

[FlyingRon]

Absolutely. Police are allowed to ask questions. The answers may be incriminating.

[Alex23]

Was this you??

[CdwJava]

Originally Posted by softvirgo

at that time he was talking to cop, he was not under arrest or restrained by force. But he said few things which may be damaging his case. He may have said it in scare or whatever.

So if he takes this case to trial does those statements can be admissible in court if he volunteer some information as asked by officer before arrest.


Please suggest

Statements made prior to arrest are likely to be admissible.

- Carl

[FlyingRon]

Originally Posted by CdwJava

Statements made prior to arrest are likely to be admissible.

- Carl

So are statements made after arrest.

[softvirgo]

prior to arrest that he was drinking, but he said that he was not driving at all.

So if he has iven statements before arrest will those be admissible or not

[CdwJava]

Originally Posted by softvirgo

prior to arrest that he was drinking, but he said that he was not driving at all.

So if he has iven statements before arrest will those be admissible or not

For the THIRD time: Yes! Statements made prior to his arrest will almost certainly be admissible against him at trial.

Any statements made AFTER arrest will NOT likely be admissible unless they had to do with booking or medical issues, or he had been read his Miranda rights.

- Carl

[paguy88]

Originally Posted by CdwJava

For the THIRD time: Yes! Statements made prior to his arrest will almost certainly be admissible against him at trial.

Any statements made AFTER arrest will NOT likely be admissible unless they had to do with booking or medical issues, or he had been read his Miranda rights.

- Carl

still on vacy carl?

make it to philly yet?

[CdwJava]

Originally Posted by paguy88

still on vacy carl?

make it to philly yet?

Just got home about an hour ago ... and, yes, been to Philly and come home! We left Philly on Sunday night.

Now .... WHO designed those narrow flippin' streets! Geez!

- Carl

[justalayman]

Originally Posted by CdwJava

Just got home about an hour ago ... and, yes, been to Philly and come home! We left Philly on Sunday night.

Now .... WHO designed those narrow flippin' streets! Geez!

- Carl

you think it's bad in a car. Philly is the only place in the country he had a chargable accident in his semi.

Try the streets on with a 53 foot trailer behind you. On the good side, running over a traffic light on the corner doesn;t do a lot of damage to a semi-truck.