is it illegal in new york state to question a minor without a parent or lawyer??? my 16 yr old was questioned by an investigator on two seperate occasions and was coerced into signing a statement on someone that he didnt want to. now what to we do to recaant his statements/ confessions?
2006-08-15 09:56:00 · 7 answers · asked by Anonymous in Politics & Government ➔ Civic Participation
he was told by the investigator that he would be talken to jail right then for obstuction of justice if he did not sign...
2006-08-15 09:57:07 · update #1
the statement was not on himself but another person ...
2006-08-15 09:59:36 · update #2
his 18 yr old girlfriend ... he will be 17 in january.. pple come on this is crazy
2006-08-15 10:02:59 · update #3
Illegal. Talk to his watch commander and file a complaint against the investigator. Coercion, witness intimidation, and Miranda rights violations are serious issues. Better yet, contact the local media, and bring them with when you go.
2006-08-15 10:02:37 · answer #1 · answered by Jim T 6 · 2⤊ 1⤋
ILLEGAL!!!! by united states law (federal) Under the age of 18 you must have the parent present. When an investigator breaks the law they can not use the evidence they found. Get a Lawyer and make sure they know. If he signs, your signature must be there as well. He wont go to jail. To bad he didnt run, to a cop at least.
2006-08-15 17:19:53 · answer #2 · answered by th1gurl23 2 · 1⤊ 0⤋
Your son, being a minor, is entitled to have a lawyer present during ANY questionings. The statement he gave will not stand up in a court of law. Get a lawyer or seek legal aid. Coercion is against the law.
2006-08-15 17:10:19 · answer #3 · answered by Ironball 7 · 0⤊ 0⤋
i think it is illegal. i would definitely call the DA on this one and if it is illegal then his entire statement has to be thrown out of evidence. but every state is different and every state considers a child an adult at different ages. safest bet is call the DA first thing in the morning if it is illegal then i would file a complaint with the police department and consider suing the department.
2006-08-15 18:43:00 · answer #4 · answered by Casey M 2 · 0⤊ 0⤋
sounds illegal. Call the district attorney. They probably don't want their case compromised any more than necessary, or call your own lawyer.
2006-08-15 17:02:29 · answer #5 · answered by t79a 5 · 1⤊ 0⤋
A "liberal" according to conservatives would file a lawsuit and seek advice from the ACLU... Why not try?
2006-08-15 17:09:31 · answer #6 · answered by ronfschmidt 2 · 0⤊ 2⤋
If it's not, it should be.
2006-08-15 17:30:39 · answer #7 · answered by Anonymous · 0⤊ 1⤋