Legal Question in Criminal Law in New York

Re: Rights

If the judge who holds the Huntley hearing believes from the evidence that anyone has not been read their Miranda warnings, and the defendant's statements are not spontaneous, the statements cannot be used at trial. If a 17 year old already has a lawyer in the case and the cops know about it, then anything you say cannot be used against you unless you speak in spite of being told that you have the right to remain silent and the right to a lawyer before you say anything. The parent question is also complicated. I cannot give you my opinion without knowing the facts. If you have an attorney, do not tell me anything because I am not your lawyer and could be made to testify to what you told me. All the above is general and may not apply to the case you are concerned with. If you have an attorney ask him to show you cases that answer your question. I do not take cases, except on assignment from the Appellate Division or the Court of Appeals.