QUESTION
Can a police officer question a disabled person without their parents there?
Asked on Oct 18th, 2013 on Criminal Law - New York
More details to this question:
I man approximately 27 years old, disabled/was questioned by the police. A parent was not able to go into the room. He was told that he had to stay out. This boy does not read well. The police put into the statement things that the boy did not say. He signed it anyway. His disability is learning disabled. Is this legal?
1 ANSWER
Federal Civil Rights Litigation Attorney serving Albany, NY
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Law Offices of Elmer Robert Keach, III, PC
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No, not really. Under Miranda and other Federal and State precedent, confessions taken from individuals have to be voluntarily, based on a knowing waiver of several rights, including the right against self-incrimination and the right to counsel. If you were unable to understand the Miranda warning and/or unable to understand what was happening, that could lead to suppression of the statement you gave police. When you get a lawyer to help you, you should immediately bring this to his attention. If you are being charged with a felony, he can request a hearing based on this alleged confesssion to seek its suppression after you are indicted. If you are charged with a misdemeanor, he can request such a hearing immediately.
The most potent, and the most abused, weapon in the prosecution's arsenal is the use of a confession. Make sure your lawyer challenges your confession given the facts you have provided above.
Hope this helps.
Bob Keach
Answered on Oct 18th, 2013 at 2:23 PM