By Carlos Gamino

You already know there are numerous methods police can use to elicit a confession from suspects, but what happens when the confession isn’t true—or when someone wants to walk back his or her statements?

Can You Recant a Confession?

For the most part, there are no “do-overs” once you’ve made a confession. Your attorney might be able to argue that your confession was coerced or that you lied to investigators, but there’s no guarantee that the judge will suppress it from being used in the courtroom.

What You Need to Know About Confessions

A confession is one of the strongest types of evidence a prosecutor can have. They’re not foolproof—few things are in the court system—but they do have a strong sway on jurors.

Here’s the problem, though: experts say that some interrogation techniques are so effective that they can elicit a confession from nearly anyone… even innocent people.  

Involuntary or Coerced Confessions

Some confessions can be considered involuntary, such as those made by children or people with mental disabilities, particularly if the courts have access to a recording of the interrogation and confession. (The state of Wisconsin requires investigators to record all felony interrogations.)

Free-Will Confessions

According to case law, in order for a confession to be considered valid, it should be the “product of a free and unconstrained will, reflecting a deliberateness of choice as opposed to the result of a conspicuously unequal confrontation.”

That’s a tough call to make in many courts, but the bottom line is this: don’t talk to police without consulting with your Milwaukee criminal defense attorney first.

Has Someone Accused You of a Crime?

If you’ve been accused of a crime, it’s a good idea to talk to a Milwaukee criminal defense lawyer as soon as possible. Even if you’re completely innocent, it’s best to talk to an attorney who can help preserve your rights before, during and after questioning.

Call us at 414-383-6700 or get in touch with us online so we can give you a free case evaluation. We may be able to help you by getting the best possible outcome on your case.

Carlos Gamino