Montgomery County Trial Court Properly Tossed Confession
The Second District Court of Appeals has stated "that false promises made by police to a criminal suspect that he can obtain lenient treatment in exchange for waiving his Fifth Amendment privilege so undermines the suspect's capacity for self-determination that his election to waive the right to incriminate himself in criminal conduct is fatally impaired." State v. Jackson, 2002-Ohio-4680.
Today the Second District Court of Appeals affirmed a trial judge's suppression of a confession because police made the suspect falsely believe he could possibly get ILC instead of prison. In fact the suspect would not be eligible for ILC since he committed felonies of the third degree and one is not eligible for ILC if they have committed felonies of the third degree. R.C. 2951.041(B).
Read the decision here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private attorney. Otherwise, contact your county or state public defender to see if they can help.