Legal Question in Criminal Law in Ohio

Miranda Rights

A detective came to our house an dasked my boyfriend to go to the police station to be asked some question about a case that is going on in our household. while he was there the recorded the conversation and told him could leave at any time but he felt that if he would of left that the would of done something else to make sure he stayed there plus he also felt they wouldn't let him leave. So the detective continued to question him about the case i calle dmy lawyer and he told me that they are looking at him as the chief suspect in the case knowing that should they have not read him his miranda right to let him know that he has the right to an attorney. So he could if he wanted to get an attorney. They interogated him for two hours or more on the case. We would like to know if they had the right not to let him know he has a right to attorney and what we can do about it?


Asked on 9/25/04, 1:19 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Miranda Rights

Miranda only applies if the defendant is in custody. That is why the detective made sure that he said, several times, "you are free to go at any time." The police did nothing illegal here, but there may be some help in a pending case where similar issues were raised. You don't say how old your boyfriend is, but if he is a juvenile (under 18) it could make a difference.

The point that you missed entirely is: what crime is your boyfriend suspected of committing? The focus should be on getting an attorney and defending against that charge, not whether Miranda was violated.

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Answered on 9/25/04, 2:16 pm


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