False or Coerced Confessions: How Your Las Vegas Criminal Defense Attorney Can Use This Defense to Protect You

In many criminal cases, confessions can be the most damaging evidence against a defendant. However, what many people may not realize is that false or coerced confessions are more common than one might think. Police officers, using psychological tactics and extensive interrogation techniques, can sometimes extract statements from suspects that are not consistent with what really occured. Understanding how these confessions can occur—and how a skilled Las Vegas criminal defense attorney like Josh Tomsheck can challenge them—could be the key to winning your case.

Understanding False and Coerced Confessions

A false or coerced confession occurs when an individual admits to a crime they did not commit, or offers evidence that didn’t actually happen as it is described. This can be the result of intense pressure, fear, fatigue, manipulative techniques used by law enforcement officers and a host of other reasons. While it may be difficult to imagine why someone would confess to a crime they did not commit, there are several factors that can lead to such an outcome.

Interrogation tactics employed by police are designed to keep a suspect talking as long as possible. They can also result in a break down of a suspect’s willpower and force them into saying something that isn’t true. Quite often it is the desire to say what the suspect thinks the officer wants to hear. The goal of law enforcement is to “solve” or close a case – – usually as quickly – – as possible. The end result is, even if it isn’t intentional, that the police get a “confession” that is not truthful. These confessions can be used as powerful evidence against the accused, even when no corroborating physical evidence exists and sometimes, when the evidence says otherwise.

Common Techniques Used to Coerce Confessions

Police officers are trained to use a variety of techniques to keep suspects talking during an interrogation. While some of these methods are legal, others cross the line into coercion. Here are some common tactics used to compel confessions:

• Psychological Pressure: Law enforcement may use psychological tactics to convince a suspect that confessing is the best option. They might suggest that confessing will lead to more lenient treatment or that staying silent will only make things worse. Suspects who are unaware of their legal rights or who are particularly vulnerable to pressure may fall victim to these tactics.
• Deception: Police officers are allowed to lie during interrogations. For example, they might falsely claim that they have overwhelming evidence against the suspect, such as fingerprints or DNA, even if no such evidence exists. This can cause the suspect to believe that a confession is inevitable, even if they are innocent.
• Isolation and Deprivation: Suspects are often kept in uncomfortable environments, deprived of sleep, food, water, or bathroom breaks. The longer an interrogation continues, the more likely it is that the suspect will say anything just to end the ordeal.
• Threats and Promises: Although illegal, there are instances where law enforcement officers may resort to threats or promises to elicit a confession. These threats can range from physical harm to promises of leniency or protection if the suspect confesses. Such tactics are manipulative and can result in false admissions.
• Exhaustion: Extended periods of questioning, often for hours without a break, can wear down a suspect’s mental and physical stamina. When suspects are exhausted and disoriented, they are far more likely to confess to crimes they didn’t commit, simply because they want the interrogation to end.

How False Confessions Happen

False confessions can occur under various circumstances. In some cases, the accused may believe that if they say what the police want to hear, they will be allowed to leave or will be treated more favorably. In other instances, suspects may be confused, scared, or under the influence of drugs or alcohol, leading them to make statements that are not accurate.

Particularly vulnerable individuals, such as juveniles or people with mental health conditions, are often more susceptible to giving false confessions. These individuals may not fully understand the legal process or the consequences of their statements, and they may be more easily influenced by the tactics used by police. The risk of false confession is much greater the greater the stakes of the case, especially in cases with a large number of intensive interviews, such as Murder, Violent Crimes, Sexual Assault cases or Federal investigations.

Challenging a False or Coerced Confession

When a confession is obtained through illegal or coercive means, an experienced Las Vegas criminal defense attorney like Josh Tomsheck can work to have the confession suppressed, or “thrown out,” of court. Without the confession, the prosecution’s case may fall apart, especially in situations where there is little to no other evidence linking the defendant to the crime.

Here are some of the steps a defense attorney may take to challenge a confession:

• Reviewing the Circumstances of the Interrogation: Josh Tomsheck will thoroughly examine the details of the interrogation to determine whether the police used coercive tactics. This can include reviewing video footage, audio recordings, and testimony from witnesses present during the interrogation.
• Examining Police Conduct: If law enforcement officers used any form of illegal coercion, such as threats, promises, or physical harm, the confession may be inadmissible in court. Josh Tomsheck will investigate any instances of misconduct and file motions to suppress the confession if necessary.
• Expert Testimony: In some cases, mental health experts or psychologists may be called upon to testify about the defendant’s state of mind at the time of the confession. If the defendant was under extreme stress, sleep deprivation, or suffering from a mental illness, experts can help establish that the confession was not voluntary.
• Constitutional Violations: If the defendant was not properly informed of their rights under the Miranda Warning, or if their right to an attorney was violated during the interrogation, the confession may be excluded. Josh Tomsheck will ensure that any constitutional violations are thoroughly addressed in court.

Why Hire Josh Tomsheck to Defend Against False Confessions

Josh Tomsheck is a highly skilled criminal defense attorney with years of experience defending clients against false and coerced confessions in Las Vegas and throughout Nevada. As a nationally board-certified criminal lawyer, he has a deep understanding of the legal standards surrounding police interrogations and how to challenge improper confessions in court.

Josh Tomsheck knows that coerced confessions are more common than many people think, and he is prepared to aggressively defend clients who have been manipulated by law enforcement into making false admissions. His knowledge of Nevada law, combined with his commitment to protecting the rights of his clients, makes him a powerful advocate for those facing criminal charges based on false or coerced confessions.

Contact Josh Tomsheck Today

If you or a loved one has been charged with a crime based on a false or coerced confession, it is crucial to act quickly. Contact Josh Tomsheck at Hofland & Tomsheck today for a free consultation. He will review the details of your case, investigate the circumstances surrounding your confession, and develop a strategic defense to protect your rights.

Don’t let a false confession ruin your future—get the experienced legal representation you need to fight back and protect your freedom. Call Josh Tomsheck today and take the first step toward defending your case.