Legal Question in Criminal Law in New York

illegal police questioning???

ok its along story but ill give u enough to get the jist of things. my friends 16 year old son was questioned 2 times by an investigator without his mother or any legal representation there. he was coerced into writing a statement on an older woman saying that he had had ''sexual relations'' with her. she was convicted in 2000 of statutory rape. the investigator told the kid that he was going to take him to jail because he told his mom about being questioned and then his mom let the woman know and it messed the investigation up (im not even sure if that is illegal or not so that would be helpful to know too). so i need to know if they can do anything about retracting his statment since it was given under duress and without legal rep. also another question i have in the same case they are wondering if they can bring up selective prosecution because she is not the only other woman that he has had ''sexual relations'' with. i do not know any of these answers but i was asked to research them on the net so any help you can give us is greatly appreciated. thank you.


Asked on 8/15/06, 10:21 am

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: illegal police questioning???

Generally, selective prosecution is not an issue in cases like these. The People have the full right to go after any and all defendants they chose to, as well as not continue actions against potential defendants if they deem it would not be worth the prosecutors time, or may decide to hold them off for later.

As far as the testimony via written statements this may be a grounds by which an appeal may be won on this case. You should seek proper counsel of an experienced attorney and then continue from there.

Feel free to contact my offcie for a free consultaion #2127098303

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Answered on 8/15/06, 6:25 pm


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