Legal Question in Criminal Law in Michigan

on the question of miranda rights in michigan, my 17 yr old son was detained along with several friends one afternoon by three squad cars blocking off the entire parking lot they were in, and the officers commencing to question every person there including my son (without parents present, or miranda warning issued) stating that they new all about the crime and who committed it (b & e of a store after hours, stolen skateboard), they pressured these kids until someone told on the others (which was only here say at the time "he said she said stuff") using this the cops then placed my son in a position were they hounded him to confess right there...is this legal, should they have been able to question a minor in such a fashion to force a confession?

an answer was posted which brought up another question... if he has already gone to trail and has been sentenced because of advice from his lawyer ( she stated that he could not fight this type of confession, because the judge would not play games with miranda and would side with the police) now he is on probation under hyta and has to be there for the next three years, is there any recourse to be had at this point, and if so what might be done? I feel he was railroaded into this with the help of his court appointed attorney, the other kid got off with literally a slap on the wrist.


Asked on 9/28/09, 10:20 am

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

If it has been less than 42 days since his sentencing, he can file a claim of appeal and raise the issue of ineffective assistance of counsel for not challenging the confession's admissibility before the jury trial. He may also be able to file a motion for new trial with the trial judge raising the same issue. In most instances, an evidentiary hearing called a "Ginther hearing" will have to be held where witnesses including the defendant's trial attorney testify.

You should consult an attorney who handles criminal appeals to review all of the case facts in detail, to determine if there is a viable appeal issue.

Read more
Answered on 10/05/09, 8:40 am


Related Questions & Answers

More Criminal Law questions and answers in Michigan