Michigan | Criminal Law
11/09/09, 5:28 pm
Legal Question
In the state of Michigan at age 17, is it legal for police to obtain statements without parent or lawyer present.
In the state of Michigan at age 17, is it legal for police to obtain statements without parent or lawyer present.
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Read More Answered By: William Morrison |
Yes. After your 17th birthday, you are considered to be an adult for criminal purposes. |
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Read More Answered By: Neil O'Brien |
I don't totally agree with the first attorney's answer. At 17, you are considered an "adult" for the purpose of being charged with a crime. That's true.
But the question of having one's parents present when one is interviewed by police is a question of "voluntatiness". And until someone turns 18, they are still minors in the broader sense of the law. Someone who is still 17 is not legally emancipated. Whether a statemernt to police is "voluntary" requires that many factors be weighed by a judge in view of the totality of the circumstances. Whether a minor's parents are aware of the interview, have consented, or are present is just ONE factor a mong many. And a judge could decide that this is not going to be weighed heavily against the question of "voluntariness" in light of other factors ... such as the 17 year old's maturity level, the 17 year old's education level, the 17 year old's previous experience with police (more prior contact makes the statement more voluntary), length of detention before the statement is given, whether the minor was injued/drugged, whether the minor was deprived of food/water/sleep, whether the minor was threatened with physical abuse ... and if the minor was "in police custody", the most important factor is whether the minor was advised of Miranda warnings. So, it's a mixed bag. |
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