Legal Question in Criminal Law in Texas

There are no special rules with regard to questioning mentally disabled persons. Just like children and adults, they can be questioned about offenses which the police believe that they have committed or witnessed. They must be read their rights if they are a target and especially if they are in custody.

If your son is charged with sexual assault, then he needs a lawyer.

A mentally disabled person being questioned by the police is not entitled to any special rights. All people charged with a felony should be read their rights and told that they have the right to remain silent and that whatever they say could be used against them in a court of law. All people should exercise that right.

However, a motion to suppress the statement can be filed to challenge the statement in a court of law for various reasons.

In addition, if the case goes to trial the trier of fact (Judge or Jury) can make a determination as to whether or not they believe the statement due to the fact that the person is disabled.