in a criminal trial in phx, az when prosecution request for a voluntariness hearing what does that mean?
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in a criminal trial in phx, az when prosecution request for a voluntariness hearing what does that mean?
Asked on May 9, 2009 under Criminal Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Essentially it is a hearing to determine how voluntarily the accused gave evidence against himself. It could have to do with a consent to search or with information given to the police. For example, was the accused read his Miranda rights before making certain damaging admissions that could be used against him? A confession for instance.
This all falls under the "voluntariness doctrine" and as 4th, 5th and 6th amendment implications.
This can set the grounds for an appeal after conviction. For your purposes, since the trial is still ongoing, sounds as if your attorney is trying to keep incriminating evidence from being admitted. Your best bet is to speak with him directly on this.
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