Legal Question in Criminal Law in Michigan

on the question of miranda rights in michigan, my 17 yr old son was detained along with several friends one afternoon by three squad cars blocking off the entire parking lot they were in, and the officers commencing to question every person there including my son (without parents present, or miranda warning issued) stating that they new all about the crime and who committed it (b & e of a store after hours, stolen skateboard), they pressured these kids until someone told on the others (which was only here say at the time "he said she said stuff") using this the cops then placed my son in a position were they hounded him to confess right this legal, should they have been able to question a minor in such a fashion to force a confession?

Asked on 9/21/09, 5:28 pm

2 Answers from Attorneys

James Schmier Law Office of James G. Schmier, PLLC

It all depends on whether your son was in custody or a reasonable person would have believed they are in custody. That's a question of law and would depend on the circumstances of the detention. Judges decide issues of law. Your son would be entitled to a hearing to determine who would prevail, the police or your son. If he prevails the confession could not be used against him.

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Answered on 9/26/09, 10:58 pm
William Morrison Action Defense Center

At 17 your son is an adult for criminal purposes. As a parent, you have no say in his dealings with the law. Miranda rights do not apply while a crime is being investigated. They are only applicable after an officer has probable cause to make an arrest.

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Answered on 9/28/09, 1:32 pm

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