Some Interrogations of Custodial Defendants Must be Video Taped
Defendants charged with serious crimes risk police officers getting creative when recounting a defendant’s statements.
New Videotaping Interrogations Law
A law in Michigan requiring videotaping and audio recording interrogations and statements of those arrested for major crimes. Senate Bill 152 was introduced by Sen. Tonya Schuitmaker and signed by Gov. Rick Snyder in December. The law requires: “The recording of interrogations of individuals in custodial detention for felonies punishable by imprisonment for life, any term of years, or 20 or more years.” The law applies to local police departments and the Michigan State Police.
The law further states that this law applies if the law enforcement agency has audiovisual recording equipment that is operational or accessible. Due to a lack of funding, a recording is not available in all locales. As of right now, the only penalty for not videotaping is instructions to a jury that the law enforcement agency was obligated to record the proceedings.
With the new law in effect, the hope is that there will be fewer incidents of false confessions. Regardless of whether or not there is videotaping available during interrogation, it is always best to be represented by a Michigan Criminal Attorney.
Is videotaping interrogations good for the police or the defendant?
Videotaping and audio recording interrogations is generally good for everyone. It is far more likely that a defense lawyer will be able to discover coercion and threats by law enforcement interrogators if there is a recording of an interview. For the government, so long as they follow the rules, it is far more difficult for a defense lawyer to attack the veracity of a confession if the interrogation is done properly and recorded. It is essential that a person facing criminal allegations refuses to speak with the police without legal counsel. Invoke your right to remain silent and demand a lawyer. Don’t have a lawyer? It doesn’t matter; demand one anyway. A demand for an attorney will stop the interrogation until the suspect is represented by an attorney. If you are innocent, you should still not talk with the police because anything you say “can and will” be used against you. The police are not looking for the truth; they are building a case. Consult with a lawyer before you do anything.
Michigan Defense Attorneys With Decades of Experience
The criminal defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience successfully defending clients in state and federal courts throughout Michigan. Our lawyers provide the highest caliber of criminal defense in felony and misdemeanor cases. We review every case to determine if our client’s rights have been violated. If the police do not comply with the law requiring videotaping interrogations, we will file a motion to suppress any statements the police claim were made by our client while in custody. If you call us, we will take the time to talk with you, answer your questions, and address your concerns. We will find a way to help you.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
