Legal Question in Appeals and Writs in Missouri

If you were convicted of captiol murder but not readed your miranda rights would you be able to appeal this and get off even if there was concrete evidence that you commited the murder you were convicted for?


Asked on 2/24/12, 7:14 pm

3 Answers from Attorneys

Anthony Smith LawSmith

If an arrestee is not informed of their rights, and gives incriminating evidence against themself, there might be grounds for setting aside a guilty verdict.

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Answered on 2/25/12, 4:53 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Smith, but there is a fairly big "if" in his answer. He presumes that the defendant was in custody, that the authorities questioned him while he was in custody, that he answered their questions and that those answers played a substantial part in his case and/or in the police investigation. In many cases, none of those things is true. Even when some of them are, they often play only small roles in the case.

The defendant you describe should discuss his case with a lawyer; he may be able to successfully appeal and/or petition for a writ of habeas corpus. Time matters, though, she he should act quickly.

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Answered on 2/26/12, 3:13 pm


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