Q: Can I suppress a statement in juvenile court? When I first got arrested I was being tried as an adult and my miranda rights were violated when they questioned me and I incriminated myself.They ended up sending me to juvenile court because of a plea but looking at the evidence, I see I can beat this case because the only evidence against me is the statement.
A: The same constitutional rights that apply in adult court apply in juvenile court. Review the case with an attorney. If he or she feels it is advisable, he or she will file a suppression motion and challenge the legality of the statement you allegedly gave. If the statement is in fact the only evidence against you, you may have a Habeas Corpus defense or a cognizable suppression issue. Either, could conceivably lead to the case being dismissed or withdrawn.
Q: I was accused of a crime. The police said they need my written statement to close the case but don’t want to arrest me. Your advice please? They want statements from my wife and friend and said if we don’t give our statements he will just arrest me and charge me. He said the victim’s statement is enough to charge and convict me but he just wants to close the case so it never happens again. He also lied and said he already had a statement from my friend when he didn’t
A: If you get the cops to agree to this, that agreement is not enforceable. In criminal law, only agreements between the DA and the defendant’s lawyer are enforceable. Therefore there is no duty he has to close the case. Most people convict themselves by speaking with the police and making an incriminating admission. You have not duty to speak with the police and they know that. You have the 5th Amendment constitutional right to remain silent and they know that. Let them charge you if that is what they want. I would hire a lawyer now if you can and he or she can talk to the police for you.