Why is my son going to be read his Miranda rights if he is only getting interviewed about a sex crime? 16 Answers as of April 24, 2013

Can he stop at any time and ask for a court appointed attorney if they ask him to do a polygraph?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
If they read him Miranda then they are thinking that he was involved. That his time to shut up and not say another word and get a lawyer. Ditto for being asked to take a polygraph.
Answer Applies to: Michigan
Replied: 4/24/2013
Edward D. Flint  PLLC
Edward D. Flint PLLC | Edward D. Flint
He should stop immediately and assert his right to shut the hell up and get a lawyer. It is insane to talk to the police when you are a suspect.
Answer Applies to: Utah
Replied: 4/24/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Your son was given his Miranda rights because he is a suspect in the incident the police are investigating. Before he says anything else to the police, he should evoke his right to remain silent and to have his attorney present at any interview about the case. He should not take a lie detector test. They are unreliable and not admissible in court because of the unreliability of the results.
Answer Applies to: California
Replied: 4/24/2013
TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
They are doing a targeted investigation with him as their suspect even if they are not admitting it. He is not obligated to take a polygraph at all. The results unless agreed to are inadmissible in court. Do not allow to be intimidated by the "why not unless you have something to hide", that is nothing more than a manipulative tactic. However, they can use the result as part of their investigation and forming probable cause to file charges. As this is the case, a refusal to take a polygraph should be seriously considered. Certainly it is strongly recommended that an attorney be retained at this point in time. If is a attorney is desired, invoke that 6 the amendment right as empathetically and as soon as possible.
Answer Applies to: Indiana
Replied: 4/24/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Because he is a suspect or accomplish and they are considering his prosecution. He should get an attorney, speak with no one especially the police or with the authorities and not take the polygraph until he receives counsel.
Answer Applies to: Michigan
Replied: 4/24/2013
    Henry Lebensbaum | Henry Lebensbaum
    He should get a lawyer before he talks.
    Answer Applies to: Massachusetts
    Replied: 4/24/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Don't be stupid and let him go there. Don't you see it is a set up? Ever heard of the right to remain silent?
    Answer Applies to: California
    Replied: 4/24/2013
    William L. Welch, III Attorney | William L. Welch, III
    Anything he says or writes might be used as evidence against him. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
    Answer Applies to: Maryland
    Replied: 4/24/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Usually when you're read your rights your a suspect. He can invoke his right to an attorney at any time.
    Answer Applies to: Nevada
    Replied: 4/24/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    This is not a good idea.
    Answer Applies to: Virginia
    Replied: 4/24/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Your son is being read his Miranda rights because the police consider him a suspect and may want to use his statements against him. Your son should not be speaking with the police about this case before he retains legal counsel. He has the right to remain silent and he should do so until he retains legal counsel. It is a huge mistake for your son to be talking to the police about this. Your son can stop at any time and is not required to take a polygraph. But he should not be having any discussions without a lawyer.
    Answer Applies to: New York
    Replied: 4/24/2013
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Your son should not talk to the police without a lawyer. A competent lawyer will probably tell him not to talk to the police. 'Only' is not a word I would use with a sex crime. I might say 'only' a traffic ticket, or, maybe, 'only' a minor property offense. Sex crimes are very serious. Your son can ask for a lawyer at any time, and it's a good idea to do so, because it will usually stop the police from questioning him. He can ask for a lawyer before taking a polygraph. Whether the police have to provide a lawyer is a complex question, but usually they won't provide a lawyer and rather just stop questioning him. To emphasize: no one should talk to the police without a lawyer. If questioned, your standard answer should be "I don't want to talk to you. I want a lawyer." Repeat until they stop asking.
    Answer Applies to: Oregon
    Replied: 4/24/2013
    Bush Law Group
    Bush Law Group | James Falk
    If your son is being interviewed about a sex crime he needs to first be in communication with his lawyer. He should consult with a lawyer so that he can be advised whether or not to submit to the interview. His lawyer may tell him that he should not agree to the interview. The police will read him his Miranda Rights so that they may use his statement against him at trial.
    Answer Applies to: South Carolina
    Replied: 4/24/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Your son can stop answering questions at ANY time, and the police cannot force him to answer more. In fact, he can maintain silence even before answering any questions about the case.
    Answer Applies to: Illinois
    Replied: 4/24/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    He is read his Miranda rights, because he is a suspect.
    Answer Applies to: Georgia
    Replied: 4/24/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Don't allow him to talk with the police, anything he says will be used against him. Best to hire a lawyer and defend him. Sex crimes carry a long-term sentencing.
    Answer Applies to: Nebraska
    Replied: 4/24/2013
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