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Can my daughter’s statement be used against her if we go to court?

My daughter wasn't arrested or anything when she was questioned by the police. I wanted to have our attorney present when she was being questioned but by the time that I told the police that, they were already done questioning my daughter. My daughter is not that familiar with the law and her rights. She tells me that nobody told her her rights. Can we get anything that she said suppressed in court?


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    William L. Welch, III | William L. Welch, III Attorney
    111 South Calvert Street
    Baltimore, MD 21045
    (410) 385-5630
    Unless the police failed to give Miranda warnings, questioned her, while she was in custody, then her statement might be used in evidence against her.
    Answer Applies to: Maryland - Replied: 1/17/2013
    Sally Hamblin | Hamblin Law Office
    4015 W. Houghton Lake Drive
    Houghton Lake, MI 48629
    (228) 224-7120
    If she was confined and questioned and not given an opportunity to exercise her rights, statements can be challenged.
    Answer Applies to: Michigan - Replied: 1/14/2013
    Patrick Owen Earl | Patrick Earl Attorney
    1334 S. Pioneer Way
    Moses Lake, WA 98837
    (509) 750-9921
    This issue arises all the time and it has its own name/number which is called a 3.5 hearing. You need an attorney to argue this motion and so hire one or get appointed one for sure.
    Answer Applies to: Washington - Replied: 1/14/2013
    Michael Breczinski | Michael Breczinski
    5005 Lapeer Rd
    Burton, MI 48509
    (810) 743-2960
    If she was not under arrest then they did not have to read her the Miranda rights; but it may get suppressed depending on the statement and the circumstances.
    Answer Applies to: Michigan - Replied: 1/14/2013
    Timothy J. Thill | Timothy J. Thill P.C.
    261 E. Quincy ST
    Riverside, IL 60546
    (708) 443-1200
    If she was not arrested at the time she confessed to the crime, her statement can be used against her in a trial. She needs to be read her rights after being formally placed under arrest, and if no rights were read at that time, those statements can be suppressed. Consult with an attorney who can review everything, and may be able to file a motion to suppress statements for her.
    Answer Applies to: Illinois - Replied: 1/14/2013
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