How to Avoid Giving a False Confession

Being accused of a crime can be a stressful, emotionally overwhelming, and nervewracking experience, even if you didn’t commit the offense. Often, people in these situations will say things to law enforcement that are not true or can be construed as a confession because they feel pressured or scared. They might also be manipulated or tricked by the police into confessing to the crime. While false confessions occur more often than people might think, it’s important to understand your legal rights and know how you can protect yourself when the police question you.

Key Takeaways

• A false confession is an admission of guilt for a crime you didn’t commit.
• Under Georgia law, any confessions given to the police must be voluntary and free from coercion, physical force, and threats.
• The most crucial way to avoid giving a false confession is to immediately invoke your right to an attorney.

What is a False Confession?

A false confession is an admission of guilt for a crime that you did not commit. They often arise as a result of police coercion, manipulation tactics, or mental exhaustion during an interrogation. People may also give false confessions as a result of mental illness or developmental disabilities. Generally, false confessions fall into one of three categories, including:

• Coerced-compliant: These types of false confessions occur when a person knows they are innocent but confesses to avoid a stressful or high-pressure situation. A person might also give a coerced-compliant confession if police have promised they can go home if they confess, or some other reward.
• Coerced-internalized: Also referred to as “persuaded” confessions, coerced-internalized confessions can arise when a suspect actually believes their confession is true. These types of confessions result from the creation of false memories often stemming from suggestive facts or psychological manipulation.
• Voluntary: Voluntary false confessions are those made to law enforcement without any coercion or pressure. They are often motivated by the need to protect the actual suspect, psychological factors, or a desire for notoriety.

While police are permitted to use a wide range of tactics to get a confession, any confessions that were obtained through coercion or threats may not be admissible in court. Before a jury would be permitted to consider evidence of a confession, the trial judge is required to determine whether it was made voluntarily.

What Are Your Rights Under Georgia Law?

Under both Georgia law and the U.S. Constitution, you have the right to not incriminate yourself. You do not have to answer any questions asked by the police. Before any custodial interrogation begins, the police are required to read your Miranda warning and advise you of your right to remain silent and consult with an attorney. If you are not read your Miranda rights, any statements you make could be rendered inadmissible in court.

Any confession you give to the police must be voluntary and free from coercion under Georgia law. GA Code § 24-8-824 specifies that in order for a confession to be admissible, “it shall have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.” In other words, the police are not permitted to use physical force, offer a benefit, make threats, withhold food, or deprive you of sleep to get a confession.

Although the police cannot force you to give a confession, there is nothing in the law that prevents them from lying to you to obtain one. As long as a confession is made voluntarily, it is admissible in court under Georgia law, even if law enforcement used trickery or deception. However, if the confession was the result of coercion, threats, or illegal conduct, a motion to suppress may be made to prevent the false confession from being entered into evidence.

What Can You Do to Avoid Giving a False Confession?

Even if you later try to say the confession you gave to law enforcement wasn’t true, the prosecution can still try to use it against you at trial. This is why it is crucial to avoid giving the police a confession from the outset, regardless of the tactics they attempt to use against you. To avoid giving a false confession, you should:

• Ask if you are free to leave
• Immediately invoke your right to remain silent
• Avoid the urge to say anything you think might help you
• Clearly state you want to speak with an attorney
• Know that the police can lie to you

Sometimes people may give statements that they do not think will hurt their case, or believe might help their case. While such statements may not constitute a false confession, the police will take what is said to piece together their version of the facts, which could be detrimental to your interests. You should not answer any questions the police ask, sign any papers or allow any recorded statements. Do not trust any promises of leniency law enforcement might make or allow yourself to feel pressured. The safest course of action is to speak with an attorney before you do anything else.

Contact an Experienced Georgia Criminal Defense Attorney

If you gave police a false confession and are facing charges for a crime you didn’t commit, it’s vital to have a knowledgeable attorney by your side to advocate for your rights. At The McCoy Law Firm, LLC, our attorneys have decades of experience providing representation for defendants facing various criminal offenses across Georgia. Based in Cartersville, we serve clients throughout Bartow County, Cobb County, Cherokee County, Gordon County, Floyd County, and Paulding County. Please contact us today to schedule a consultation to learn how we can help.