watersulli
Junior Member
What is the name of your state?What is the name of your state? TN
I am a mental health casemanager for a fifteen year old client who was recently arrested by the department on charges and questioned for four hours before his mother was even called much less arrived to sign any sort of release giving them permission to speak to her child without a parent or lawyer present. In the time the child was in interrogation he/she confessed to the crime on tape, being told he/she would receive lesser penalties if they confessed. I need to know two things that I am unsure about. The child has since pled guilty to the charges and the trial is about to enter the sentencing phase but given this new revelation, won't the tape be inadmissable as evidence and shouldn't that change the whole trial or is it too late anyway, have they already gotten away with it? Since its juvenile court and he/she pled guilty there was no jury or anything, but he/she only pled guilty because of the taped confession, although he/she says the confession was coerced out of him/her after four hours of being in the room and being offered a deal to confess, shouldn't there be some way to get all of this thrown out? Also, doesn't the mother have some chance at a personal injury lawsuit against the department for questioning her child without her present? Or what can she do? Thank you very much for your help!
I am a mental health casemanager for a fifteen year old client who was recently arrested by the department on charges and questioned for four hours before his mother was even called much less arrived to sign any sort of release giving them permission to speak to her child without a parent or lawyer present. In the time the child was in interrogation he/she confessed to the crime on tape, being told he/she would receive lesser penalties if they confessed. I need to know two things that I am unsure about. The child has since pled guilty to the charges and the trial is about to enter the sentencing phase but given this new revelation, won't the tape be inadmissable as evidence and shouldn't that change the whole trial or is it too late anyway, have they already gotten away with it? Since its juvenile court and he/she pled guilty there was no jury or anything, but he/she only pled guilty because of the taped confession, although he/she says the confession was coerced out of him/her after four hours of being in the room and being offered a deal to confess, shouldn't there be some way to get all of this thrown out? Also, doesn't the mother have some chance at a personal injury lawsuit against the department for questioning her child without her present? Or what can she do? Thank you very much for your help!
