Wisconsin Man Appeals Ruling on Confession In Attempted Sex Assault Case
A Whitefish Bay man faces charges of attempted sexual assault and false imprisonment after he made advances and blocked the exit of a neighbor at his vacation home in May of 2008. Although he allegedly confessed to the crimes, he is seeking to have his confession thrown out through the appeals process, which has taken him as far as the state Supreme Court.
According to this report from The Sheboygan Press, the suspect confessed to the incident soon after being arrested. Although an attorney called the police station to inform them of his representation of the suspect, the man waived his rights and confessed anyways. The admissibility of his confession rests on whether the confession itself is constitutional since his attorney claimed representation before he spoke.
Your right to an attorney is guaranteed by the U.S. Constitution and also by the state’s constitution. Typically, you must knowingly waive the right in order for your discussions with police (without an attorney present) to be admissible in court. If you invoke (or use) your right to an attorney, the police must stop questioning until your attorney is present.
The issue in this particular case is whether or not the suspect’s confession is admissible. He did have an attorney at the time but he also waived his rights before confessing.
Judge Terrance Bourke suppressed the confession stating it was unconstitutional but the state Court of Appeals reversed his opinion. Now the decision rests with the Wisconsin Supreme Court. They will rule whether his confession is admissible as evidence at trial, though they probably won’t make that ruling until the trial has run its course.
Rules of evidence including confessions and even your right to an attorney are extremely complicated. We could probably all recite the Miranda rights that begin with “You have a right to remain silent…” but, how many people truly know what they mean?
While this case was about sexual assault, your rights are the same whether you are facing charges of theft or drug possession. Understanding those rights and having an advocate on your side looking out for your best interest is crucial when you go before the state criminal courts.
If you are facing criminal charges and concerned about your rights, call me today. I can offer you a free case evaluation on your charges and some legal advice.
