The Constitution theoretically protects the legal rights of Indiana defendants. In practice, their legal rights could be trampled on by overeager prosecutors and police. One way is when police obtain a false confession through improper means. When that happens, a lawyer could attack the confession in court, seeking to have the charges dropped. This is not always the easiest thing to do because law enforcement starts with some credibility in court.
POLICE MAY CROSS THE LINE TO GET A CONFESSION
Police resort to all sorts of measures when interrogating suspects. Many do not even know that they do not have to answer the police’s questions, and certainly not without a lawyer present. Law enforcement often uses coercive tactics to break a suspect down, and they may end up confessing to a crime that they did not commit. Of course, the prosecutor will try to use the defendant’s own words in court as the best evidence against them.
COURTS DO NOT ALWAYS GIVE DEFERENCE TO POLICE
This is where defendants need a lawyer that could tell the story of what police did during the investigation and after the arrest. However, psychological pressure is not necessarily illegal. An attorney would need to prove that police broke an established rule, such as issuing threats or falsely promising leniency to extract a confession. However, even this is difficult because police have some leeway in an investigation, including the ability to lie to a suspect. Even when police have seemingly gone too far, the court may not recognize their actions as coercive. Attacking a confession is often an uphill battle.
If your confession to a crime that you did not commit is being used against you, an attorney could try to attack it in court. In the end, you have Constitutional rights, and your best hope is that an attorney could show that they have been violated. The best protection that you have is a dedicated and tenacious lawyer.