QUESTION
Can a detective question someone that they know on a personal level?
Asked on Jun 05th, 2013 on Criminal Law - California
More details to this question:
I'm being questioned about a possible rape on a girl that has said 3 different times she's been raped. The detective is a person I know on a personal level. He was my neighbor, good friends with her nephew and also was the resource officer at school I went to. I get a disability check for a mental disorder. Apparently I don't always have the mind capacity of a 21 year old, more like a 14 year old. Should they be able to question me without someone in there wit me? Can detectives question someone that's mentally disabled?
6 ANSWERS
Sure they can, especially if you are stupid enough to talk. Ever heard of the right to remain silent?
Answered on Jun 06th, 2013 at 8:44 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Technically the police can interview and question anyone they want to. The person being questioned can also refuse to answer any questions, unless he or she has an attorney present. If you are being accused of a crime, I suggest that you hire an attorney immediately and do not speak to anyone without your attorney present.
Answered on Jun 06th, 2013 at 8:44 PM
Michael J. Breczinski
Well they can question someone who is mentally disabled but then the question is whether the person understands their rights. There is no bar to questioning you just because of the relationship though.
Answered on Jun 06th, 2013 at 8:43 PM
Thomas Edward Gates
You would have to be certified as mentally disabled and, I do not be believe you would be. As long as you know the difference between right and wrong, you can stand trial. I would retain a good attorney to assist you.
Answered on Jun 06th, 2013 at 12:12 PM
Criminal Defense Attorney serving Chicago, IL
at
Law Office of Andrew Gable
Update Your Profile
You should retain a lawyer and have your lawyer speak to the detective. You should not post anything about your situation on the internet.
Answered on Jun 06th, 2013 at 11:11 AM
Bankruptcy Attorney serving Irvine, CA
at
Chambers Law Firm, P.C.
Update Your Profile
Yes, they can.
Answered on Jun 06th, 2013 at 11:10 AM