Legal Question in Criminal Law in Michigan

My son just turned 18 a month ago. His father bought him a car, and as a result many of his friends ask him for rides. He asks his friends to help pay for gas if they want to be driven somewhere. He was with a couple of friends and needed gas. His friend had a gift card from a local gas station, and he used it to get gas. A couple days later a police officer contacted him, and told him the card that was used had been a stolen card. He told my son to come to the station to answer some questions, which my son did. My son told me today that the officer contacted him again and told him a warrant would be issued for his arrest and he needed to come up with $150 for bond or he would be arrested and go to jail. I asked my son if he had been read his rights, and he said he had not. He is worried sick about going to jail. At this point I told him we will just wait and see what happens, but to give no more statements to anyone. He himself was never in physical possession of the gas card. His friend pumped the gas and used the card to pay. My question is, can any statements he made be used in court? I thought if he was a suspect, or was being looked at as a possible suspect, and was asked to come in for questioning, he needed to have his rights read to him before he was questioned. Should I contact the officer myself and ask for copies of reports or statements?


Asked on 12/30/09, 10:43 am

3 Answers from Attorneys
Daniel Hajji Daniel Hajji & Associates

The protections of Miranda v Arizona, 384 US 436 (1966), apply in certain situations but there are also limitations. For example, Preliminary questions asked during roadside questioning without Miranda warnings are permissible even if they incite incriminating responses.

You can contact Daniel Hajji at 248.865.4700 if you need to talk about your son's matter. He's available today until 3:00pm.

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Answered on 1/04/10, 11:05 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The requirement for Miranda rights being read kicks in when the person is "in custody". When he was talking to police at the police station, he might be considered "in custody" or not ... depending on the totality of the circumstances. In many interviews, police tell the person "you are free to leave any time, you are not under arrest and you will not be arrested regardless of what you tell me". Why? To impress on the person that he is NOT in custody. If that happened with your son's Q&A, it's less likely that he would be deemed to be in custody, so Miranda rights would not have to be read. A defendant has the right to challenge the voluntariness of his police Q&A (it's called a "Walker hearing" in Michigan), and the judge looks at all of the circumstances including whether a Miranda violation occurred. But other factors include the person's age and education and mental state, whether the person was ill or deprived of food/water/medicine, the person's past history dealing with police, etc.

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Answered on 1/04/10, 1:02 pm
William Morrison Action Defense Center

The difficulty your son is in would, of course, be immediately resolved when his friend steps forward and tells the police your son's version of the events including his complete ignorance of the friend's complicity.

Assuming the officer has told him in person or by mail to surrender , he should respond immediately and post the bond. The Miranda defense is a misunderstood fragment of the law that has not been successfully litigated for many years.

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Answered on 1/04/10, 7:07 pm


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