minor arrested for incense

[ritterwoman]

What is the name of your state (only U.S. law)? DE

My friend's 12 year old son was arrested for incense yesterday. His mom was told it would only be an interview with him and she was not allowed to be in the same room when he was being questioned. They had no legal representation, only the case worker from DE Family court and a State Police Officer. I do not know what questions he was asked, but after the "interview" the police officer then stated he was arresting him and read his miranda rights to him.The arresting officer then told my friend that based on what her son told them, that he would be tried as an adult, and the infractions would add up to 80 years in prison. (the longest length for each offense.) Now, my friend does not have an attorney, and she cannot afford one. Would the information her son gave during questioning be admissable in court?

 

[Antigone*]

What is the name of your state (only U.S. law)? DE

My friend's 12 year old son was arrested for incense yesterday. His mom was told it would only be an interview with him and she was not allowed to be in the same room when he was being questioned. They had no legal representation, only the case worker from DE Family court and a State Police Officer. I do not know what questions he was asked, but after the "interview" the police officer then stated he was arresting him and read his miranda rights to him.The arresting officer then told my friend that based on what her son told them, that he would be tried as an adult, and the infractions would add up to 80 years in prison. (the longest length for each offense.) Now, my friend does not have an attorney, and she cannot afford one. Would the information her son gave during questioning be admissable in court?

There is a whole heck of a lot more to this story than incense. Mom needs to get son an attorney.

 

[Country Living]

I was wondering why incense was a problem.... I'm assuming she means incest.

 

[Antigone*]

I was wondering why incense was a problem.... I'm assuming she means incest.

that thought never even entered my mind.

There is a whole lot more!!!

 

[outonbail]

What is the name of your state (only U.S. law)? DE

My friend's 12 year old son was arrested for incense yesterday. His mom was told it would only be an interview with him and she was not allowed to be in the same room when he was being questioned. They had no legal representation, only the case worker from DE Family court and a State Police Officer.

This was a voluntary appearance, which neither mom or her son should have gone to.

I do not know what questions he was asked, but after the "interview" the police officer then stated he was arresting him and read his miranda rights to him. The arresting officer then told my friend that based on what her son told them, that he would be tried as an adult, and the infractions would add up to 80 years in prison. (the longest length for each offense.)

Don't believe what the officer is saying. It is up to the DA to file charges and decide whether the child should be tried as an adult.
The police may be saying these things so mom will agree to another interview with another child. Tell mom to stop talking to the police and to stop her children from doing the same. Again, DO NOT SPEAK TO THE POLICE ABOUT THIS CASE!

Now, my friend does not have an attorney, and she cannot afford one.

Actually, it is apparent that she couldn't afford to be without one.

Would the information her son gave during questioning be admissable in court?

Without an attorney, probably.
An attorney might be able to prove a 12 year old child can not handle the questioning tactics of police interviews and he would be easy to manipulate into confessing to a crime he didn't commit.

The boy needs an attorney!

 

[Shay-Pari'e]

There is so much more indeed!

 

[ariastar]

Actually, it is apparent that she couldn't afford to be without one.

I think you guys often forget that not everyone has the resources. She can sell all she has, and beg and borrow everything her friends and family have, and depending on the wealth of the people she knows, it still could easily not be enough. And if she doesn't have the means to repay loans from several friends and family members, it's easy to understand if they weren't willing to loan their life savings.

If this boy is going to be tried for something and his mother can't afford an attorney, then the court will appoint one, and the mother and her other children should not attend any more voluntary interviews.

 

[Country Living]

Shay!!!!! Welcome back!

 

[michaelpotter52]

Guess what!!!

It is against the law to question a child without a parent or attorney present at the time. If he was questioned and then read his miranda rights, then anything the child said in the "interview" will not be admissable in court.
Also, in the miranda rights it states... "If you can not afford a lawyer, one will be appointed to you free of charge." have your friend and their child speak only with a counsil member. (Lawyer), and not the police or anyone within investigations.

BTW 12 year olds only get tried as adults on violent/repeated offenses.

 

[Ohiogal]

It is against the law to question a child without a parent or attorney present at the time. If he was questioned and then read his miranda rights, then anything the child said in the "interview" will not be admissable in court.
Also, in the miranda rights it states... "If you can not afford a lawyer, one will be appointed to you free of charge." have your friend and their child speak only with a counsil member. (Lawyer), and not the police or anyone within investigations.

BTW 12 year olds only get tried as adults on violent/repeated offenses.

WRONG. Quote the law. Quote the law that states that it is against the law to question a child without a parent or attorney present.