mad in ohio need help

[tinaboop]

[email protected] I want to know if it is legal to go to my sons school and arrest him for rape and hold him for three hours before i was even called and question him without a attorney present and still the cops never called me his principal did he is 16 years old still a minor and we are being treated as if we the parents dont have any rights over our own child. and we were lied to they told us he confessed and when he was finally able to call he said he told them nothing

 

[CdwJava]

Contact an attorney for him.

In general, yes, the police can arrest him at school. Yes, they can interview him without you present. And if he waives his Miranda rights they can question him about the offense.

If they say he confessed, and the boy says he did not, then someone is mistaken or lying. If the police have a confession, it is likely recorded or written - they'd be foolish NOT to have done so.

He needs an attorney yesterday.

- Carl

 

[justalayman]

Contact an attorney for him.

In general, yes, the police can arrest him at school. Yes, they can interview him without you present. And if he waives his Miranda rights they can question him about the offense.

If they say he confessed, and the boy says he did not, then someone is mistaken or lying. If the police have a confession, it is likely recorded or written - they'd be foolish NOT to have done so.

He needs an attorney yesterday.

- Carl

Carl: I may be completely wrong (it wouldn't be the first time) but I thought a minor could not waive his rights. I also thought there was some rule regarding minors and a requirement of counsel at questioning. It seems like it applied to serious (felony level) crimes, which this obviously is.

 

[CdwJava]

Carl: I may be completely wrong (it wouldn't be the first time) but I thought a minor could not waive his rights. I also thought there was some rule regarding minors and a requirement of counsel at questioning. It seems like it applied to serious (felony level) crimes, which this obviously is.

State laws vary on this, but I recall that all or most states will essentially treat 16 year olds much the same as an adult. If there is any such rule, it's not one I am familiar with and is likely a rule in only some states (if any) - certainly not all.

In CA, for instance, I could arrest the juvenile at school and transport him to the station or to the juvenile hall. He would have to be Mirandized as soon as practical, and the parents would also have to be notified as soon as possible. Neither would prevent me from interviewing the juvenile unless he asked for an attorney OR his parents.

- Carl

 

[justalayman]

Thanks Carl.

Your response brought another question to mind.

You stated:

And if he waives his Miranda rights they can question him about the offense.

In this world of technicalities, does one have to specifically waive ones rights or can merely the answering of questions after advisement of your rights be considered as waiving them?

The thought behind this is in times where a suspect may be interviewed by continued questioning after requesting an attorney or even just telling the interviewer s/he does not want to answer queations.

 

[CdwJava]

In this world of technicalities, does one have to specifically waive ones rights or can merely the answering of questions after advisement of your rights be considered as waiving them?

There might be some specific state exemptions to this, but in general if you start to blab after being read your rights, then that is seen as a valid waiver.

The thought behind this is in times where a suspect may be interviewed by continued questioning after requesting an attorney or even just telling the interviewer s/he does not want to answer queations.

In our neck of the woods (the 9th Circuit), the courts have ruled that repeated questioning after a suspect has waived their rights can be a knowing and intentional violation of the Constitution and an officer doing so MAY not be immune from civil liability in a 1983 action.

- Carl

 

[AHA]

[email protected] I want to know if it is legal to go to my sons school and arrest him for rape and hold him for three hours before i was even called and question him without a attorney present and still the cops never called me his principal did he is 16 years old still a minor and we are being treated as if we the parents dont have any rights over our own child. and we were lied to they told us he confessed and when he was finally able to call he said he told them nothing

DID he rape someone?