Tampa Criminal Lawyer Blog
The Mayberry Law Firm defends people accused of serious felonies across Florida, and that includes fights over statements you allegedly made to police. In Janssen v. State, Florida’s First District Court of Appeal affirmed a conviction after finding that the Miranda waiver and confession were voluntary. If officers questioned you, slid a form across the table, and raised their voices until you talked, this case shows how courts evaluate those interviews—and how you can still fight back.
What Happened In Janssen
Deputies met the accused at work and asked him to come to the sheriff’s office. He rode in the front seat, unhandcuffed. An officer said he gave Miranda warnings on the way. At the station, video showed a signed Miranda waiver and several verbal confirmations that he understood his rights and chose to talk without a lawyer. During questioning, he admitted sexual conduct with a minor. The trial judge found the officer credible on the timing of the warnings and ruled that the waiver was valid. On appeal, the court accepted those factual findings and upheld the conviction.
Why The Court Allowed The Confession
Florida law uses a “totality of the circumstances” test. The State must show the waiver was knowing, intelligent, and voluntary. In this case, the appellate court pointed to four things: a written waiver, clear indications that the accused could read and understand, a station-house setting that did not include threats or promises, and interrogation tactics that were stern but not coercive. Statements like “tell the truth” or even confrontational language did not cross the legal line on these facts. That does not mean all pressure is allowed; it means the record must show conduct that overbears a person’s will before a court will suppress a confession.
What This Means For You After A Tough Interview
Harsh tones, long pauses, and accusations happen in many interviews. On their own, they may not carry a suppression motion. Judges focus on specifics: Were Miranda warnings given before any questioning? Did you sign a waiver? Did you say you understood? Did officers make promises of leniency or threats of harm? Did questioning continue after you asked for a lawyer or said you wanted to stop? Answers to those questions decide most motions. When the paper trail and video support the State, courts often find voluntariness unless something clearly abusive appears on the record.
How To Attack A Confession Like This
You still have options. A focused plan turns a “he said, she said” into a timeline the court can test.
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Pin down timing. Build a minute-by-minute timeline from body-cam, lobby video, and interview footage to confirm whether warnings came before questioning. If they did not, early statements can be excluded and later ones may be tainted.
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Scrutinize the waiver. Look for missing initials, unchecked boxes, or confusing language. Any defect undermines the claim that you knowingly gave up your rights.
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Compare every officer’s story. Inconsistent accounts about who warned you, who questioned you, and when each step happened create doubt about voluntariness and credibility.
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Flag implied promises or threats. Phrases like “you will go home if you cooperate” or “we will help with the prosecutor” can tip the legal scale toward coercion.
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Test capacity evidence. Medical records, mental-health history, sleep deprivation, intoxication, and reading-level assessments explain why you did not truly understand the warnings.
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Use the State’s burden. The prosecution must prove voluntariness. Force them to bring every witness and exhibit. If they cannot, leverage increases for suppression or a better result at sentencing or trial.
Each step aims to remove the confession from the case or, at minimum, weaken it enough that negotiations improve.
What To Do Now If You Already Talked
You still have a path forward. Demand every second of audio and video, from first contact to the final signature. Save phone data, messages, and work records that show where you were and who you spoke to before the interview. Write down your memory of the key phrases officers used, how long the session lasted, and whether breaks occurred. Avoid any contact with the complaining witness. This preservation work supports a targeted suppression motion and prepares a trial defense if the motion falls short.
How The Mayberry Law Firm Builds Your Defense
You deserve a plan built around your life and your charges. Our team audits the timeline, challenges the waiver, and cross-examines each officer about training and tactics. When needed, we retain forensic interview consultants, digital experts for phone and computer extractions, and psychologists who can speak to comprehension and susceptibility. We also press the State to show evidence beyond the interview. If a judge suppresses your statement, many cases collapse. Even when suppression is denied, hearings often expose weaknesses that lead to reductions, treatment-based resolutions, or other favorable outcomes.
Talk With A Tampa Criminal Defense Lawyer Today
Do not wait on a case that hinges on your words. The Mayberry Law Firm will review your video, your waiver, and the arrest reports, then file targeted motions that give you the best chance to suppress what the State wants to use. Call 813-444-7435 or use our contact form for a free and confidential consultation. Fast action protects your rights and your future.