Expert: Robin Sexton - 7/17/2008

Question
My 12 year old son was charged with 4th degree sexual assault.    An officer came to the house and waited for my son to come home.  He said his purpose was to obtain a statement.  He did not advise us at any time that we had the right to seek counsel or to remain silent.  He was coercive in his questioning and lied about certain facts in order to try to get desired responses from my son (unsuccessfully).  He had my son complete a written statement which was filed with the Juvenile court system. At no time were any rights read to us.   Has he violated my son's Miranda rights?

Answer
Not necessarily,

Miranda in its current form is given to subjects who are in custody, your son was not in  custody.  If the statement becomes an issue at a latter time an argument could be made that your son believed he was in a custodial situation.  Also the courts have said it is permissible for a police officer to deceive a subject during the interview as long as it does not " shock the court".  The courts have seen a lot.  The officer has to be some what coercive in an interview.  If the officer asks the question "did you do it?"  the person says "no" the officer needs to press a little further to see if the story changes.  Otherwise not much would get accomplished.  Your son is twelve so any action would take place in the juvenile court. If charges are brought he will be provided an attorney.  Be patient and see what happens.  Accusations are made all the time, a lot of them never go to court.


Good luck

Robin