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24/7/365 Emergency Hotline: 631-348-1702

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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

What Can Make a Confession Involuntary?

Under the Fifth Amendment of the United States Constitution, no American citizen can be forced to testify against themselves (what is commonly referred to as the right to remain silent). In practical terms, this means that if someone is forced to give a confession against their will, that confession can be deemed inadmissible in court. But what exactly can make a confession involuntary, legally speaking?

  1. Threatening violence against the suspect
    • A commonly seen tactic in involuntary confessions is threats of violence from police officers. While many police know better than to use violence directly to extract a confession from someone, they will sometimes use the threat of that violence to convince people to confess. This could include verbal threats to severely injure someone, or putting a gun to someone’s head, just as an example.
  2. Committing violence against the suspect
    • Not every police officer looking to coerce an involuntary confession out of someone will stop with mere threats, however. Some law enforcement will commit actual harm in the pursuit of a confession, punching, kicking, or choking suspects that refuse to comply. In more extreme cases, this may escalate to outright torture, which can result in severe harm to anyone who experiences it.
  3. Depriving a suspect of food or water
    • Rather than using direct violence, some police officers will extract a confession using less overtly harmful methods. They will detain a suspect, then refuse to give them food, water, or other essentials unless they give a confession. This can quickly lead to serious harm, especially to people with certain medical conditions, and police count on suspects giving an involuntary confession to save themselves from dehydration or starvation.
  4. Preventing a suspect from going to the bathroom
    • Another variation of this trick is stopping a suspect from using the bathroom, coercing an involuntary confession in exchange for allowing them to relieve themselves. While this sounds silly, it may take only an hour or two for the need to urinate or defecate to become seriously urgent. The police understand this, and will use it as a bargaining chip to extract a confession.
  5. Promising leniency against the suspect
    • Not all coercion tactics against suspects are overtly hostile. Some, in fact, may come off as kind, with the police promising leniency in exchange for a confession. However, the police have no authority to promise a lighter sentence or freedom in exchange for a confession, and it is illegal for them to do so. Unlike other forms of coercion, it can be difficult to prove without someone else there to back you up, such as a criminal defense attorney who can represent you in court.

If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.

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Reviews

They were a big help with a case I had that had been prolonged by NYC. With their help I avoided 8 points & an increase on my insurance. Can't recommend them enough, well worth the money.
Me fue bien. Trabajan muy bien. Son recomendados
Response from the owner:Thank you very much for your positive review, Orlando. We appreciate you coming to us for legal assistance, and hope you consider us if you need any further help.
Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
Response from the owner:Thank you very much for your review, Joel. We are glad we could be of assistance. Please let us know if there are any future legal issues you need help with.
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Response from the owner:Maeve, we greatly appreciate you leaving your review. We are happy to have been of service, and hope we can help you again if you ever need any assistance with a future legal matter.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
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