It is well-established under state and federal law that a person accused of a crime cannot be compelled to make incriminating statements. In some instances, though, a criminal defendant may be coerced into making a statement that can be used against them, due to a lack of awareness regarding his or her rights. In a recent Washington case in which the defendant was accused of domestic violence assault with a firearm, the court discussed when an incriminating statement should be suppressed as an involuntary admission. If you live in Washington and are accused of committing a weapons offense, it is advisable to confer with a skilled Washington gun crime defense attorney to discuss what evidence the State may be permitted to use against you.
Facts of the Case
It is reported that the defendant and another woman were both romantically involved with the victim, but unaware of the existence of one another. They both became pregnant, after which the defendant broke up with the victim. The other woman learned that the defendant was also expecting the victim’s child, and reached out to the defendant. The two women then confronted the victim, and the victim testified that the defendant shot him in the leg.
Allegedly, the defendant was arrested three weeks later and transported to jail. She was advised of her Miranda rights and right to counsel, after which she stated she wished to make a statement. She was reminded of her right against self-incrimination and right to counsel but nonetheless admitted to participating in the shooting. She was then charged with first-degree assault with a firearm. She was convicted by a jury, after which she appealed, alleging in part that the statement she made in jail was coerced.