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  1. #1
    Join Date
    Jul 2006
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    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    Quote Quoting stupid30yrold
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    Is it possible to write a new statement at this point because I was basically cohersed in writing my statement and what to say or write?

    A: Are you saying you were lying then but now you want to tell the truth?

    NO-I am saying that I was cohearsed into saying what the detective told me that the other people had said. I had no sleep that day and just wanted to go home. Isn't there a way to get my statement suppressed? This isn't going to sound much better but I was going to college for criminal justice to become a parole/probation officer. The judge KNOWS that and I am still not done with my degree. I am also a female not that it really matters.
    So if you were not lying in the first statement, then why do you want to change it?

  2. #2
    Join Date
    Mar 2005
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    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    We have paint, we have a corner, and you have your Perry Mason moment? She is asserting an implicit distinction between "false words put into my mouth by the police" and "false words I spoke myself", but either way, obviously, she signed her name to what she now contends are false statements.

  3. #3
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    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    NO- it was ONLY false by being cohersed. Don't you know anything? I am not here for a trial or to be bashed. I know what my part in it was and I will face the consequences as I should. You saying I signed my name to something that is false isn't true. I NEVER said it was FALSE- only than the part of being-----forget it. I guess you need something better to do with your time AAron!!

  4. #4
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    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    Quote Quoting stupid30yrold
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    NO- it was ONLY false by being cohersed. Don't you know anything? I am not here for a trial or to be bashed. I know what my part in it was and I will face the consequences as I should. You saying I signed my name to something that is false isn't true. I NEVER said it was FALSE- only than the part of being-----forget it. I guess you need something better to do with your time AAron!!
    So you want to take that statement to court that says you were telling the truth, but you tell the judge that you were NOT telling the truth even though you signed it.

    Explain that one.

  5. #5
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    Jan 2007
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    Michigan
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    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    OK-you want paint then paint is what you get. Painted picture by ME: Sitting in a wal-mart office being told you have to wait for the cops to get here and talk to them. THEN- told by the detective he would be back and talk to me but it was 4 hours later. I was asleep in a chair when he got back. He told me I need you to fill out a statement and I have already talked to the others involved.

    Detective: You are to write this down as your statement and I will make sure it is alright and then you sign it and go home.

    Me: OK- "(lightbulb) ok- do what he says and you get to go home"

    Is that NOT coerced?

    By NO means is this for you SeniorJudge- I think you have been the kindest. I am not looking for sympathy or derogatory comments. This isn't myspace or yahoo. I thought it was a place to get some answers. Oh and Panther It says I live in Michigan- so if you know anything about the laws here that would be helpful.

  6. #6
    Join Date
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    Michigan
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    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    I want to re-write it because it was all basically against me and other people that weren't involved. I am saying that it is wrong for the cop to tell me "write this down and write that down, so you can go home" now isn't it? How do I go about getting it suppressed? The detective still wants to talk to me and said just because it says that on paper what I am being charged with doesn't mean it has to be that. But isn't it Wal-mart charging me and not the detective. Doesn't the judge decide the final outcome anyways and what the charge will be?

  7. #7
    Join Date
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    Michigan
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    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    Realistically? Assuming you were advised of your Miranda Rights, it's very unlikely that you could get it suppressed.
    Quote Quoting People v Snider, 239 Mich App 393, 417-418; 608 NW2d 502 (2002)
    In general, statements of an accused made during custodial interrogation are inadmissible unless the accused voluntarily, knowingly, and intelligently waived his Fifth Amendment rights. Miranda v Arizona, 384 U.S. 436, 444; 86 S. Ct. 1602; 16 L. Ed. 2d 694 (1966). In People v Cipriano, 431 Mich. 315, 334; 429 N.W.2d 781 (1988), the Michigan Supreme Court set forth the following nonexhaustive list of factors that a trial court should consider in determining whether a statement is voluntary:

    the age of the accused; his lack of education or his intelligence level; the extent of his previous experience with the police; the repeated and prolonged nature of the questioning; the length of the detention of the accused before he gave the statement in question; the lack of any advice to the accused of his constitutional rights; whether there was an unnecessary delay in bringing him before a magistrate before he gave the confession; whether the accused was injured, intoxicated or drugged, or in ill health when he gave the statement; whether the accused was deprived of food, sleep, or medical attention; whether the accused was physically abused; and whether the suspect was threatened with abuse.
    Talk to your lawyer.

  8. #8
    Join Date
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    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    Ok Aaron- you made your point and I appreciate it. Your just skipping the crap and going to the point. My mistake. I am just in a rage with all of this. I have searched the net and every time I typed in "retail fraud" this site came up so I thought what the heck. Thanks for taking the time to help.

  9. #9
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    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    Quote Quoting aaron
    View Post
    Realistically? Assuming you were advised of your Miranda Rights, it's very unlikely that you could get it suppressed.

    Talk to your lawyer.

    IS THERE A WAY I CAN PRINT THIS AND SHOW IT TO MY LAWYER?

  10. #10
    panther10758 Guest

    Default Re: Retail Fraud 1st degree and Conspiracy 1st degree

    You might want to check your miranda rights may not have applied if you were not under arrest at that moment! Far as the coericed confession I "personally" dont see your story meeting criteria for coericion!

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