I Lost Consciousness During My Arrest: Can You Create a Defense?
An arrest is a frightening experience. But if you have little or no memory of your arrest because you lost consciousness during or after your arrest, events can be even more frightening. You’re undoubtedly worried about how to craft a defense with your attorney if you don’t remember what happened or what you may have said. It’s important to remember that you are still presumed innocent and still entitled to defend yourself in court. Don’t let the prosecution railroad you into pleading guilty because of your “fear of the unknown.” An experienced Indiana criminal defense attorney can help.
Using Your Words Against You
We all know those immortal words we hear on TV when the police make an arrest: “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” These rights, well established by the Supreme Court case Miranda v. Arizona, protect suspects from involuntary confessions. If you’re unconscious, the police can’t read your rights or question you.
However, even if you are conscious and the police read you your rights during or after an arrest, your health or physical state can affect whether anything you say is admissible against you in court. If you don’t remember your arrest or the time after that, whether because of a head injury, a health condition, or the use of drugs or alcohol, a court will consider this in deciding whether you spoke of your own free will. An Indiana court won’t simply dismiss anything you’ve said just because of the use of drugs or alcohol or a mental or physical illness – your physical condition must affect your ability to think clearly and understand the charges against you.
Hire an Experienced Indiana Criminal Defense Lawyer
If you’re facing criminal charges and you don’t remember your arrest or the events after your arrest, you need skilled legal representation right away. You need an experienced criminal defense lawyer who can protect your rights. The accomplished lawyers at Razumich & Associates can help. Call us today at 317-449-8661, email us at [email protected], or contact us online through our website.