Legal Question in Criminal Law in New Jersey
Unlawful imprissionment coerced a kid to confess
A young kid, age 23 was accused at the bank he works at of stealing. The bank sent 2 corp security to question him. One was a former Sarg detective. They placed him in a small room and witnesses watched the det. turn the heat up high on the room. One blocked the door and they kept him in there for 2 hours. Finally, after 2 hours he said what do i have to do? Mistakenly, he wrote a flippant answer confessing to get out of the room.
When he told me I flipped and told him to recant statement which he did less than 24 hours. He is now being charged with theft.
It all stemmed from a letter he wrote to mgnt about not liking his teller sup. She got wind of this and all of a sudden he came up short over the next 3 weeks. Something she has access to do.
Ironically, she was fired 6 weeks later for guess what? Stealing. Admission and on film clear as day.
His statement read like this, ''I did it so I would not have to see Lilly's fat ass anymore.'' That is the statement that they are using against him.
The fact that the person interigating was a frm detective sarge and was going to use this statement against him in court shouldn't the kid have been read his rights or at the very least allowed some form of counsel in room w/ him?
5 Answers from Attorneys
Re: Unlawful imprissionment coerced a kid to confess
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Re: Unlawful imprissionment coerced a kid to confess
A coerced statement is always inadmissible as evidence because of its involuntary nature. If the
security officer were also a police officer there would have been additional requirements for taking the statement.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Unlawful imprissionment coerced a kid to confess
I would love to read his confession because the bank may not have any evidence against him but for that. I have had many similar cases, where we plead the case down to a municipal offence. Please do not have him speak to anyone else. He needs an attorney asap. I can be reached at 201/646/9600
Re: Unlawful imprissionment coerced a kid to confess
The statement may be inadmissible as the product of duress given what you described. In addition, there would be a need to fully review the facts to see if there are other ground for exclusion. He should seek counsel as soon as possible and speak to no one else until he does.
We have a number of lawyers here who could assist you. Please call for an appointment if you are interested.
Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question. You should consult with an attorney as soon as possible to assess your legal rights so as not to prejudice yourself.
Re: Unlawful imprissionment coerced a kid to confess
I assume there is much more to this story and that a lawyer is or was involved in this case?
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