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Massachusetts Court and Confession

Confession Considerations for MA Courts

When the Massachusetts court is faced with a challenge to the defendant’s confession, the MA courts look at a number of facts.  The MA courts want to ensure that any confession made by a defendant was done freely and voluntarily.  If the MA court rules that the defendant was forced into admitting the crime, the court will suppress the statement.

First, the court considers the way the MA police officers treated you through the process.  The MA court considers any promises or other inducements that you were given by the police.  The MA court will consider any threats that you received.  The MA court will look to see if the police gave you proper Miranda rights.  The MA court will see if you were under custodial interrogation or just volunteered the information.  If the MA court rules that there was no custodial interrogation, then the MA police didn’t have to give you Miranda rights.

The MA court will also consider a number of factors of the defendant. The MA court will look to see the defendant’s age, intelligence, level of education and experience with the criminal justice legal system.  The MA court will try to see if the defendant was under the influence of any drugs or alcohol and had a mental illness or disease.  However, if you voluntary intoxicate yourself, it is unlikely the court will suppress your statement.  The MA court will see if the defendant understood English and had the ability to read and write.  If the defendant didn’t understand his rights, the MA court is more likely to suppress the statements.

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Attorney Jason Chan

267 North Beacon Street, Suite 3
Boston MA 01235

Phone: 781-343-1DUI (781-343-1384)
Fax: 617-226-7986

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