16 yr old, was taken, hand cuffed from his school, w/o rights being read and questioned w/o parent or lawyer,is this a dismissal

Asked over 3 years ago - Cambridge, MD

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held 4 hours before parent would be allowed back to see, then statement taken with parent in writtern form and verbarlly , this teen has and IEP for writtern expressiion and comprehension.

Attorney answers (4)

  1. Contributor Level 20

    Answered January 31, 2010 16:12. Did he ask for a lawyer? Anything he said after he asked for a lawyer and was denied one may be subject to a custodial motion to suppress.

    Parents need not be notified nor informed prior to the suspect teen being questioned.

    If your son waived his right to a lawyer, then his capacity to understand that waiver may come into play.

    You might find my Legal Guide helpful " What Do I Tell My Lawyer?"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    Online we cannot know what the other details are going on in your case because online we cannot find out those details. You need a criminal defense lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This observation is made available by the out-of-state lawyer for educational purposes only and is not like communication with a lawyer with whom you have an attorney client relationship along with all the privileges that relationship provides

  2. Pro

    Contributor Level 20

    Answered January 31, 2010 16:48. Who cares about his IEP? The police can arrest errant teens without calling their parents. If your son demanded a lawyer they can't question him but otherwise all is fair.

  3. Contributor Level 19

    Answered January 31, 2010 20:41. Why was he taken from school? Central issue.

  4. Contributor Level 19

    Answered January 31, 2010 20:44. Motion to suppress? I find counsel's answer ludicrous.

Other answers (1)

  1. Answered by a user February 02, 2010 09:14. "Motion to suppress? I find counsel's answer ludicrous."

    Get down Mr. Shafer - you like Ludicris too? That homeboy can put out some def jams.

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