Legal Question in Civil Litigation in Utah

Unlawful questioning of a Minor to obtain evidence.

My 12 yo son was present when another kid lit a fire on private property, causing $300k damage.

He did not light it, of this I am certain.

Detective asks to question him, I agree.

Detective then instructed me to wait inside while he questioned my kid outside.

He told them how the other kid lit the fire.

Under those circumstances, an innocent kid would

admit to it due to the interrogators' relentless

persistence and scare tactics.

Also, my kid lives in AZ & was visiting at the time.

Question:

Is testimony inadmissable?

Do the prosecutors have to extradite him for the appearance or do I have the responsibility travel expenses?


Asked on 10/27/05, 8:47 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Unlawful questioning of a Minor to obtain evidence.

The admissibility of testimony is related to whether the person testifying is competent - i.e., whether the person understands the difference between truth and lies; whether the person can accurately recall and describe what happened. There are other factors which also may come into play. Without knowing all of the details, there is no way to know in your son's case whether his testimony would be deemed competent. If there is a question about it, the judge would make a ruling.

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Answered on 10/28/05, 10:47 am


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