What happens if the police question you about a case after you tell them that you want to speak to your lawyer -

MY 13 yr old son was tricked into a few little questions about what happen in his case the night of his arrest and my son lawyer had called and told them not to question him but they were real sneaky about it, what happens to my son if his rights were violated.

Any evidence or statements gathered/made during the interview would be thrown out of court. Not only that the arresting officer would face consequences from his superior officers. Here in Canada not only is it a young offender s right to contact an attorney but the attorney MUST be present during any interviewing/interrogation and if the young offender DOES NOT have a lawyer at any point, the police must inform him of that right at every stage; being arrested, at the police station, at the bail hearing, at the arriaginment, at the trial.... well you get my drift. Police can use certain tricks in questioning as long as there is no threats or actual use of violence, and no promises are made in return for a confession. Police can lie about witnesses testifying, they can offer a person referals to counceling regardless of whether that person confessess or not, they can play on a persons moral and religious values to get a confession.

Trickery is allowed during police questioning, and it is legal. Your sons lawyer cannnot call and request no more questioning, unless your son requests to speak to his attorney. Also, at 13 yrs old, shouldn t you as a parent have been there to protect your son? Your question is a little vague, because you didn t specify if there was an adult present that was looking out for the welfare of your son. So answering weather there was a rights violation is tough to say. I hope your not one of those parents who kid can t do wrong amp; its always the police departments fault that you child is in trouble

If his rights were not read to him, then anything he said during questioning will not be allowed into a court proceeding.

The lawyer can not invoke someones Miranda Rights. The person must ask themselves. As far as the actual questioning, that depends where it was, and what the questioning was about. In order for Miranda to apply, the person must be in custody, and must be questioned about the crime they were arrested for. Questioning about another crime would be permissible. As far as the quot;trickeryquot; from police, that is legally permissible, as long as it is not so severe as to convince an innocent person to confess. If your son s rights were violated, any statements he made would not be allowed in court. This will become an issue if the attorney requests a Miranda/Goodchild hearing.

Instead of being concerned about the cops, you should be worried about your son. I m sure he wasn t in custody for being a sweet child.... Bail him out this time, and he ll do it again and again and again and again..... Check your priorities....

A lesson learned too late - but never speak to a police officer or any government official without an attorney. However, a 13 year old could hardly be expected to know this. I have doubts about the questioning of a 13 year old without you being present anyway, unless we are talking about a violent crime where there was imminent danger. The trickery is deceitful and horrible actions, but unfortunately the law allows it. I find particularly reprehensible that they used it on a minor, however. I would bring the complaint to your attorney and let him decide how to use it. If you are assigned a public defender, insist that they take your civil rights questions seriously.

if his Miranda rights were violated, all he said can be thrown out. In fact, a 13yr old child should NOT be questioned without a parent present. Cops are very sneaky, that is why people should know their civil rights.

Will the questions answered by your son have ANY effect at all on the case against him? I m not an attorney and it does differ in various states, but at 13, I don t think the police are even allowed to ask any questions of a minor that could affect his case without the presence of parent or guardian. Asking him verifiable information, such as his name, address, etc is not something that will affect his case, and he s free to answer those questions, or not, without jeopardy being attached. Otherwise, your attorney may have very good cause to exclude any information obtained prior to your arrival. But your attorney will be knowledgeable about that.

MIRANDA PERTAINS TO A quot;CUSTODIAL INTERROGATION.quot; quot;INTERROGATIONquot; AND quot;DISCUSSIONSquot; ARE TWO DIFFERENT AREAS OF TALK. THE FINITE LINE EXISTS IN THE FACT AN ATTORNEY SPOKE ON BEHALF OF YOUR SON? AS A JUVENILE AND UNDER JUVENILE LAWS--A JUDGE WILL HAVE TO DECIDE ABOUT WHAT IF ANY INFORMATION GLEANED CAN BE USED AS YOUR SON ASKED AND THEN TALKED OF HIS OWN FREE WILL? WAS MIRANDA REVOKED BY TALKING FREELY? OF HIS OWN FREE WILL?

Your son s lawyer can not invoke your son s right to an attorney. Your son has to do that. You don t provide enough details for me to comment further then that. The fact he is 13 years old makes me believe there is more to the story since juveniles need to have a parent or guardian present if he was under arrest and being questioned. I strongly suspect your son probably wasn t under arrest at the time they talked to him about the crime. Miranda is only required when someone is in custody and being questioned about criminal activity. If the officers violated Miranda all that means is that anything your son said to them is not admissible in court. It doesn t necessarily mean the charges will be dropped or anything.

Your son would have had to make the request for a lawyer; the lawyer cannot make the request for your son. If your son would have said that he would not answer any more questions until his lawyer was present than any information the police would have received from him after he made that declaration would be inadmissible as evidence. In other words, that info could not be used against him.