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dianalove45
Jan 11, 2010, 08:30 PM
My son was acussed of a serious crime.they acussed him rape but he admitted he didn't do it. But they had him sign a paper that took his rights away cause he don't know how to read that good he maybe 18 but has mental compasite were he don't fully understand what he reads unless he has someone tell him what he signing. But they didn't,

Fr_Chuck
Jan 11, 2010, 08:39 PM
No first his "rights" were not taken away, he always had them , still has them, they merely have to tell him his rights before they can question him.

And to be honest, I can't believe any kid 18 could not read the rights off better than me, and I spent years with a badge.

He basically had the right not to say anything

Right not to talk without an attorney

That is really it in a small nut shell.

So no , there were no rights taken away, in fact they offered him use of the rights.

Next if he did not confess,? If he said he did not do it, then the questioning by the police does not matter does it?

What did he tell the police that has him in trouble further.

If you want to challenge the mental state of understanding his rights, you will need a very good attorney, a couple mental health experts to eval your son and testify in court he is not at a developed age to understand that he did not have to say anything.


The real question is what other evidence do they have. DNA evidence from the girl ( or boy)
Fingerprints at the scene,
DNA on some of his clothes from the victim, eye witness ,

They would not arrest him, if they did not have some level of evidence,
** which could be wrong, but just him saying he did not do it, ain't going to get him arrested

Fr_Chuck
Jan 11, 2010, 08:56 PM
Please do not ask the same question over, your other post has been deleted. You will over the next day to week get different answers from various experts.