Legal Question in Criminal Law in Michigan

In a case where a yr 16yr old is questioned by police, without a legal parent or guardian or lawyer present. Is that cause for dismissal @ trial, if not what will happen.


Asked on 12/21/09, 6:02 am

3 Answers from Attorneys

William Morrison Action Defense Center

No, it's not cause for dismissal.

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Answered on 12/26/09, 8:11 am

You can read more about defending these cases at:

www.AggressiveCriminalDefense.com

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Answered on 12/26/09, 9:50 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The legal question is whether your statement to police can be suppressed ("kicked out of court") because the statement was not made voluntarily.

The question of voluntariness looks at the totality of the circumstances surrounding the statement being made -- including your age and maturity and educational level; your past history with dealing with police (if this is a regular thing with you then it's not as INvoluntary); whether you were in police custody and you were advised of your Miranda rights (police have to read these rights to you when you are in custody and want to question you); whether you were sick or deprived of food/water; the duration of detention before the statement is made; the length of questioning; etc. For juveniles, and additional factor is whether the minor's parents were notified, were present and/or had consented to the interview.

These are all individual factors that must be weighed together, but the facts might cause the judge to give more weight to some and less to others. No single factor is an automatic cause for suppression.

Your attorney should review all of the circumstances surrounding the interview and determine whether this issue should be raised before the case's judge.

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Answered on 12/28/09, 5:52 am


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