
1. The agreement is fraudulent: A prenuptial agreement requires each spouse to make full disclosure of his/her assets. Therefore, the accused should have a full disclosure of the charges and penalties.
2. The agreement (confession) was coerced, signed under duress or signed without mental capacity.
3. You signed a prenup (confessed) without proper legal representation. Both parties (the party to a prenup (confession) should have separate and independent counsel. A state appointed counsel is not independent.
4. The prenup (confession) must be written. Oral prenups (confessions) are not valid.
The reading of your Miranda rights can be used to gather evidence but, except as noted above, failure to remain silent should not be considered a confession.
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