Legal Question in Criminal Law in New York

Were my child's rights violated.

My son got into some trouble in school. He was taken to the State Troopers Barracks. When they took him out of the school they put him in handcuffs and then they waited for the bell to ring so they could take him out when classes were changing so everyone could see him. The Trooper told Us (his Parents) they did not think he was a threat to anyone. Also they questioned him without a parent there and did not tell him his rights. He is 15 years old. Were his rights violated.


Asked on 10/13/02, 8:11 pm

1 Answer from Attorneys
Raymond David Marquez R. David Marquez, P.C.

Re: Were my child's rights violated.

If your child was interrogated without being first advised of his right to remain silent or to have any attorney etc., then his rights may have been violated. As for taking him into custody in handcuffs or waiting for the bell to ring, these are non-issues. You need an attorney to challenge the potentially illegal interrogation. Remember, however, that even if the interrogation is ruled illegal, a case can still be brought against your son if there is other sufficient eveidence to support the charge(s)against him. A successful challenge to the interrogation will only result in the preclusion of any evidence or confession that may have resulted from the illegal interrogation. Good luck.

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Answered on 10/22/02, 10:05 am


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