People accused of crimes often ask: “can the police use my statement against me?” In order for a statement to be used against someone in court, the statement must be voluntary and may also need Miranda warnings prior to the statement being given. A truly voluntary statement is important and valuable, because a confession given under torture or abusive conditions may simply be someone telling their tormentor what he or she wants to hear in order to make the torture stop.
The Fifth Amendment to the United States Constitution gives people the right to remain silent and to be free from being forced to incriminate himself or herself. These rights in the 5th
Amendment also mandate that any statements must be voluntary. The Ohio Supreme Court
cited the following factors in determining whether a statement is voluntary include: totality of the circumstances, age, mentality, and prior criminal experience of the accused; the length, intensity, and frequency of the interrogation; the existence of physical deprivation or mistreatment; and the existence of threat or inducement.
My office receives a lot of phone calls asking what I charge for a criminal defense or DUI defense. Some of these prospective clients are looking for a cheap criminal defense attorney or a cheap DUI attorney. Some are just trying to get an idea of the range of criminal attorney fees. We happily give them our fee and tell them what we do for that fee. However, it is really difficult to really show them all that we do for that fee. While we have a competitive fee, we are not the lowest fee. We do not want to be the lowest fee because of the loss of professionalism and service that would likely occur if we were to charge such a low fee.