Can any statements be admissible in court during a post-ictal phase of seizure if a neurologist testifies persons are not aware of surroundings/language for up to 24 hours and questions cannot be answered accurately?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can any statements be admissible in court during a post-ictal phase of seizure if a neurologist testifies persons are not aware of surroundings/language for up to 24 hours and questions cannot be answered accurately?
I had 2 seizures history of epilepsy and was then was questioned by police. I’m now being charged days later with 2 felonies and a misdemeanor possession of controlled substances work in vet field. My co-worker is extremely malicious. As far as I recall I did not say anything to police.
Asked on September 11, 2015 under Criminal Law, Virginia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
To be used in court, any statement has to be made knowingly and voluntarily. If your statement if any was not given knowingly or voluntarily because of your medical condition, then you would need to file a motion to supress those statements. If you didn't make a statement, then you don't have to worry about supressing a non-existent statement. The way to find out whether or not you made a statement is to file requests for discovery. I strongly reommend that you seek counsel to help you with these issues. If they are not filed or pursued properly, they could result in a waiver of some very important rights and defenses.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.