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A Lawyer in St. Augustine Discusses True and False Statements Denying Culpability

Admissibility

lawyer in St. AugustineYour lawyer in St. Augustine can explain that generally speaking, a verbal denial of guilt will be deemed hearsay and cannot be introduced in court. On the other hand, there are exceptions. To illustrate:

  • The suspect exclaims involuntarily upon an unexpected occurrence ("I've never seen that before," when police found drugs in his vehicle).
  • The suspect describes the incident as it happens or not long thereafter.
  • The client comments on his/her physiological or psychological state at the time of the incident.

If the suspect continues to assert that he/she is not guilty despite pressures to confess or enticements such as protection from having to testify, your attorney in St. Augustine can tell you that this can be considered proof of the suspect's lack of guilt.

False Claims of Innocence

Your lawyer in St. Augustine can caution you that if a defendant issues a statement that supposedly clears him/her of the charges and that statement is refuted, this may be considered an indication that the defendant is aware of his/her culpability. The prosecutor may speak to the jury regarding the implication of culpability can be inferred from what the suspect has said.

As proof of guilt, a false declaration of innocence can be more effective than a confession. After all, with a confession, a lawyer in St. Augustine could point out that an officer could also be testifying falsely regarding the supposed confession. A false declaration is therefore more damaging to a criminal case.

Your lawyer in St. Augustine will take this into account when plea-bargaining or deciding whether or not to take the case to court. If the defendant has made a false claim of innocence that has been refuted, the most effective options are to:

  • Point to confusion on the part of the accused.
  • State that the accused had a valid reason to make a false statement beyond escaping the charges. Perhaps the defendant wished to hide the entire affair from those whom he loves, or was involved in some other compromising situation (an extramarital affair), or had committed an offense outside of the current charges.

Understand the Impact of an Exculpability Statement

For more information about your criminal case, contact a lawyer in St. Augustine by calling the attorneys at Canan Law at 904-824-9402 today.

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