Your criminal case will become much more difficult to defend if you made any sort of confession to the police following your arrest. However, there may still be room to argue that the confession was made involuntarily in violation of the Fourteenth Amendment right to due process, although it is usually difficult to make this argument. A New Hampshire criminal defense attorney can tell you if it might be a possible defense in your case.

The Miranda warnings given by police officers when making arrests are intended to prevent pressure tactics. If the police issued the appropriate Miranda warnings during your arrest, it is unlikely your confession will be found involuntary. However, the courts apply a “totality of the circumstances” test to determine if a confession was coerced. The Constitution prohibits law enforcement officers not only from physical torture, but also from using psychological devices to get a confession against a defendant’s will. The question is whether the police officers acted such to overbear the defendant’s will and elicit a confession involuntarily.

The courts will consider the following factors:

• The defendant’s age and education;
• The defendant’s mental health and emotional state;
• The defendant’s intelligence or mental deficiency;
• The advice given (or lack thereof) regarding constitutional rights;
• The length of the detention;
• The absence of family;
• The repeated and prolonged nature of the interrogation;
• The use of physical punishment; and
• The defendant’s familiarity with the judicial system.

If you have further questions about coerced confessions, contact dedicated New Hampshire criminal defense attorney Sven Wiberg today for a free initial consultation.