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Can I provide a defense for my 23 year old retarded stepdaughter if I don’t believe she was read her rights?

My mentally retarded adult stepdaughter gave a statement to police causing my arrest of sexual battery. Her beginning statement was a lie and now she has added the truth to it. I highly doubt she was told she had the right to remain silent or choose not to go to court. as she is residing in an assisted living home. Would it be legal for me to provide an attorney to explain my possible sentence and offer to defend her right to remain silent and opt out of court?


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    Michael Dye | The Law Offices of Michael A. Dye, PA
    1 East Broward Boulevard # 700
    Fort Lauderdale, FL 33301
    (954) 990-0525
    From everything that you have written, it appears that your stepdaughter does not have a Fifth Amendment right to remain silent because her statements incriminate you, not her. The Fifth Amendment of the United States Constitution protects an individual's right to remain silent and not be a witness against himself. There is no privilege or constitutional provision that would protect you from your stepdaughter's testimony. That being said, if she is mentally challenged, there are numerous avenues in which you can attack the validity of the statements. Also, she does have to show up for court if she is subpoena. The victim is the state of Florida so the state attorney's office, as the representative of the state of Florida, decides whether prosecute. Trying to get her a lawyer in an attempt to get her to stop cooperating with the state May land a witness intimidation charge being added.
    Answer Applies to: Florida - Replied: 2/10/2015
    R. Jason de Groot | R. Jason de Groot, P.A
    R. Jason de Groot, P.A
    Deltona, FL 32728-5775
    (386) 337-8239
    You need an attorney when you are charged with a crime. The step daughter is apparently a victim. She is not charged with crime, you are. Miranda warnings do not have to be read to victims, and victims do not have a right to be silent because they are not being charged with a crime. Your question indicates that you have some big misunderstandings about the law.
    Answer Applies to: Florida - Replied: 2/10/2015
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