Legal Question in Discrimination Law in California

so if a cop comes to the home of someones about an anonymous tip saying adult men were having sex with minors and comes to the home and the parent leaves to get the other child involved and leave the child who is there with an adult and cop and the cops ask questions and the adult who is there the child gets nervous around and the child is already stressed and freaks out in there head and answers one question wrong that got the person arrested could they droop the charges because the child was under perpressure and a lot of stress and wasn't thinking right and also the cop took the child in a room without an adult present to do further questioning can he use that against them or can he not because it was a minor without an adult present also the child kept telling the officer that he/she was not comfortable to answering any of the questions but he kept going and not listening to them so the child felt to get him to stop asking the questing he/she had to answer ..


Asked on 7/02/12, 7:03 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The same answer applies, as to your prior question.

Someone had a right to remain silent and failed to exercise that right. That applies to minors and adults.

CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. In your case, your attorney will try to get the minors statements and testimony suppressed if the attorney can show the police didn't follow the rules of dealing with minors; statements and confessions.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight the criminal charges and get the best outcome possible, using whatever defenses there may be.

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Answered on 7/02/12, 11:33 am


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