Legal Question in Criminal Law in Pennsylvania

force confession is it legal at any time before or after a conviction.

Asked on 4/23/15, 7:47 am

1 Answer from Attorneys

Debra Rainey The Law Office of Debra D. Rainey

The best time at which to challenge any manner of confession is before trial at what is called a Motion to Suppress. A Motion to Suppress is designed to permit the defense attorney to challenge the validity of any actions taken by the police or other law enforcement officers and to get evidence, like confessions, identifications, guns drugs or whatever ruled not admissible at trial.

At a Motion to Suppress, The Commonwealth through the assigned Prosecutor, must show that the actions taken by the police including getting a confession from a person was lawful/legal. If a confession is not challenged at the Motion to Suppress, the other way to challenge it is to argue to the fact finder, judge or jury that the confession was not a valid confession and that it, the confession was obtained in violation of the law. Hopefully this answer makes sense to you. Send me an email if you have further questions: [email protected].

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Answered on 5/14/15, 2:19 pm

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