Legal Question in Criminal Law in Florida

Re: Robbery

There are a lot of issues here.First why arent you asking the child's lawyer these questions instead of us, second the statement must be made free and voluntarily meaning he had to be able to understand his right to remain silent and waive that right if he was in custody. Being high does not automatically make a statement illegal. Police dont need permission from anyone to question a child except his lawyer. If the child spoke voluntarily just being drunk wont be enough. Unless you have real evidence like a blood alcohol test how could one prove he was drunk, unless the statement was incoherent. Again, a lot of issues, get a lawyer.

Re: Robbery

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the child (or you) have an attorney, the questions should be directed to the attorney who is being paid for this service. It may be considered unethical for another attorney to discuss a case with someone who is represented by counsel.

Scott R. Jay, Esq.