Police can quesion underage minors without the parents, grandparents, or legal guardians being present there with the minor, juvenile, or underage person. It is up to the defense attorney to show that the the suspect was in custody, did not feel free to leave, and was basically bullied, tricked, or scared into a confession.
There are a few tests that a court uses to decided if someone--even an underage minor--gave up their right to remain silent.
This test asks what were the circumstances of the questioning and whether or not the person would have felt free to leave. All of these are based on the facts of the case. If the person was in a police station handcuffed to a chair in a room, then yes they were in custody. But if the person had been given a traffic ticket by the police officer and the police officer kept asking questions, a court may say that the suspect should have known he was free to leave, even thought most people would not feel free to leave.
This is the first test that a court to use, which basically means that under the circumstances of the police questioning or interrogation "was the suspects will overborne?" If someone was questioned for 8 hours straight in a small room with bright lights with no food for water, and was refused a phone call to a attorney, then the suspect's will was probably overborne.
This is another important test the courts use. If a suspect did waive (give up) his or her right to remain silent; gave up (waived right) to an attorney; and agreed to answer questions wss it knowingly, voluntarily, and intellgently? That again depends on the circumstances. If the person was intoxicated, very young, mentally ill, the police lied a lot, beat them up, made a lot of false promises, tricked the suspect into signing a confession, threatened to harm the suspect financially, physically, or the the suspect's family, then the confession may have been coerced instead of knowingly, voluntarily, or intelligently
USA Today Article
South Florida is a popular place for dealers and drug traffickers to come to all the way from my home state of Kentucky and surrounding states because there are so many "pain clinics" here to buy Xanex, Methadone, Hydro Codone, Oxycodone, etc.. I said "pain clinics" because they are not really treating people for pain. It is more like an mutual understanding that a patient pretends to be in pain, when the doctor knows that the patient is not really in pain, and the doctor knows that the patient is not in pain and the patient knows that the doctors knows that the patient is not in pain. It is really just a drug deal. The sad part is that some patients really are in pain, but they are giving the other patients a bad name. Perhaps some of these doctors really are concerned about their patients health and well-being, but maybe they are just overeducated and over trained dealers.
I hold the doctors more accountable because they have a duty to help provide a better quality of life for their patients. I had a client whom I believe was run through the system and prosecuted for DUI. My client may have been drinking and driving, but I think his bigger problem was pain pills. My big problem was why is the prosector after my client and no the pain clinic? My client is a result of a problem, not the source of the problem. The pain clinic was the source of his problem. I honestly believe that if the local government had shut down the pain clinic, then the local law enforcement would not have anyone to prosecute.
That case always haunts me becuse my client was so out of it that he said some awful things to the police officer who arrested him (spontaneous statements 90.803(1) and statements of then-existing mental, emotional, or physical condition 90.803(3) are admissible evidence). Not awful things about the police officer, but just awful things in general right into the video camera. I don't think my client was in the right state of mind, when he said those things. Those facing criminal charges should also be aware of DRE's, which stands for Drug Recognition Experts. These are police officer with special training who look for things like "the shakes", jittery behavior, nervousness, hyper-verbal, or just the opposite: overly relaxed, slurred speech, lethargic, overly relaxed, pupils, eye movement, etc.
If you were in foreclosure during this time frame--an actual lawsuit had been filed against your property you are encouraged to vistit Possible Remedies Fed Government agreement with Loan Servicers. I actually discovered this form the Washington Post. Washington Post Article. The Federal Reserve Board of Governors and the Office of the Comptroller of Currency (OCC) have authorized this independent review and have hired and outside consulting firm.
Deadline is April 30, 2012 and you must have had one of these loan servicers.
America’s Servicing Co.
Aurora Loan Services
BAC Home Loans Servicing
Bank of America
EverBank/EverHome Mortgage Company
IndyMac Mortgage Services
National City Mortgage
Washington Mutual (WaMu)
Wells Fargo Bank, N.A.
Wilshire Credit Corporation