Confession is Inadmissible When Probation Officer Promised Shorter Sentence If Suspect Waived Right to an Attorney

While on parole, Christopher Gonzalez used a hammer to hit Daniel Castillo in the face, fracturing his jaw, skull, cheekbone and nose. Police arrested Gonzalez and as they began questioning him, he invoked his constitutional right to have an attorney present.

Gonzalez then agreed to speak with his parole officer, as he was summoned to the police station. The parole officer advised Gonzalez that unless he agreed to cooperate with police, the parole officer would have to write in his report that he recommended that maximum punishment. This meeting with his parole officer only lasted ten minutes.

Gonzalez then immediately agreed to speak to detectives without his attorney present. The parole agent’s promise was obviously fresh in his mind.

Gonzalez then admitted to attacking Castillo and was charged with attempted murder (Penal Code

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