Legal Question in Criminal Law in Virginia

Rape

A 14 year old boy was coerced by a detective to admit that he and a 12 year old girl engaged in sex in a school workroom. She did not tell anyone about the incident until two weeks later. There was no DNA or doctor examination.The detective never read the boy his rights and the boy was given a lie detector test without the presence of his parents only an older brother accompanied him. The boy was sentenced to 15 years in prison. Should the boy been advised of his rights and punishment before he plead guilty?


Asked on 8/15/02, 6:39 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Rape

The police do not have a legal obligation to read a person their rights. However, it works this way: If they do not read them thier rights after arresting them, then they are not allowed to use thier statements against them in court. As to advising the boy of the punishment prior to pleading, yes, he should have been advised. That is a question that the judge will ask before sentencing to be sure that the defendant knows what they are doing. If you believe that the boys rights were violated, then there are things you can do to address them. I would immediately consult with a criminal attorney.

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Answered on 8/15/02, 6:50 pm


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