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  1. #1
    Join Date
    Jun 2007
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    3

    Default Miranda Rights and Psychiatric Patients

    I was recently questioned by detectives who had me read and signoff on my Miranada Rights. However at the time I was a patient in a pyschiatric hospital and under sucide watch, but had no yet been administred medications for the conditions. At no point did the detectives question the staff about wether I might be in a mental state to either fully comprehend my rights or to be able to act in my best interest. Since I have been placed on medications andhad time to reflect on the matter I findthe whole sequence problematic. To top everything off I started off the conversation saying that "I would be more comfortable with an attorney present" but was the detective talked me out of specifically requesting one, not something I would have allowed to happen in my current state.
    Any feedback on this post would be appreciated it.
    Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Miranda Rights and Psychiatric Patients

    Did you confess to criminal acts? Are you being prosecuted based on statements you made during that interview?

  3. #3
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Miranda Rights and Psychiatric Patients

    Quote Quoting aaron
    View Post
    Did you confess to criminal acts? Are you being prosecuted based on statements you made during that interview?
    I did confess to criminal acts, and I am being prosecuted on statements made during the interview. Additionally I made statements that lead to evidence that the detectives would not have otherwise found.

    Although I know that the police don't have to be truthfully during questioning but these detectives made specific comments about their infleunce on the leniency or harshness of punishment, based on level of cooperation (these comments were made to my wife at our home while they were excuting a search warrant, and to me in the hospital).

    Once again thanks for any feed back.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Miranda Rights and Psychiatric Patients

    If you do not yet have a lawyer, get a criminal defense lawyer. Discuss with your lawyer the rules governing suppression of self-incriminating statements under the laws of your state and how your mental condition at the time of the statement might affect admissibility. It may be appropriate to bring a motion to suppress the statement.

  5. #5
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Miranda Rights and Psychiatric Patients

    Thanks for the advice

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