Teenager Accused of Child Molestation

[justwant2know91]

My question involves juvenile law in the State of: my brother was arrested for something he didn't do are cousin which is 13 claims my brother who 17 played with her and went all the way and ejaculated in her they did a kit on her and she was ok nothing was popped or broken nothing was on the things they took to see if her story is true she waited days before she told anyone and the day she claim it happened she was talking to him days later my brother said they handcuff him and took him down for questioning and they didn't read him his rights nor did they let my mom be there or a lawyer he never been arrested before and have a's in school about to go to prom and graduate this year they wont let him com home on house arrest and they didn't rad him his rights until after the sent him to juvenile halls so how can i get this young man home he needs to be home and their trying to make him not be around his siblings when he come home but what about when they find him not guilty then what shes not acting like anything happen to her at all she contacted him days after she claim he did it and she was with me as well i just want my lil brother to come home please help

[cbg]

He needs an attorney. The only thing YOU can do to get him home is hire one for him.

[justwant2know91]

but what about his Right's the sheriffs didn't read him his rights until he was sent to lp they didn't read him his right at all before the question him they came to my moms house arrested him took things took him down to the station and was sent to juvenile hall in California i know that if they have no proof the have to dismiss the confession or the case he never been arrested before and hes on ssi he's mentally not 17 so the do have to take that into ccount

[df04527]

Punctuation would be awesome.

[aardvarc]

Despite what you see on TV, the reality is that in a large majority of cases, Miranda isn't necessary. Miranda applies if a suspect agrees to speak to authorities AND authorities wish to use those statements as part of the criminal case. In most cases, police HAVE the info they need for the case PRIOR to the arrest anyway. If he was not properly Mirandized, then his defense attorney can move to have his statement suppressed. It doesn't mean the whole case goes away, it only means that what he said can't be used against him. The case can still continue based on testimony from victims and witnesses, as well as physical evidence, circumstantial evidence, etc.

i know that if they have no proof the have to dismiss the confession or the case

The prosecutor is free to bring any case to trial if they think they can convince the jury to return a finding of "guilty". Whether something is "proven" or not is up to the jury to decide. If the prosecution doesn't convince the jury that "proof" exists, the jury can return a finding of "not guilty".

Confession? What confession?

he's mentally not 17 so the do have to take that into ccount

The jury can take into account anything that is admitted into the trail, but mental disability generally won't stop a charge from occurring; it usually comes in to play at the END of the trial, as a mitigating factor in sentencing.


Whatever concerns there may be, the answer for ALL of them remains the same: he needs an attorney. And, he needs to speak to NO ONE BUT his attorney, about his case.

[tc498]

Right or wrong,the person who can help him out is lawyer. They can try to get him released then take it from there.