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my niece waived her right to an attorney

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R

Rooster_GG

Guest
my niece was arrested last night for stealing 1500 dollars in Money orders from a store. she waived her right to an attorney not knowing what that meant. we live in michigan and she is 17 years of age. is there anything we can do to regain her right for representation?
 


V

Virginian

Guest
My advice is to hire an atty anyway. My recollection of waivers is that she would have to sign an agreement to this effect: and since 17 year olds usually are not old enough to enter into a binding agreement (I am not an atty so this may depend on your State), she isn't old enough to sign that waiver (if it's in fact a contract). Signing an acknowledgement that she is aware of her rights is different because she's not agreeing to waive anything---it's the AGREEMENT that is a contract. I believe that, as a minor, she is not old enough to validly enter into one.
 
V

Virginian

Guest
PS: The problem with kids (and a lot of adults) is that when arrested they confess everything before an atty shows up, which then severely limits the attorney's defense of the case. When arrested, the best thing to do is insist that you won't make ANY statement until your attorney comes. If the police suggest you'll feel better getting it off your chest, DON'T. You may have many years to regret that decision as you sit in jail! This happened to my brother, on a case that could easily have been beaten he spilled his guts and told way more than he even needed to, which then made defense of his case (or plea-bargaining) practically impossible.
 

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