Is a detective allowed to interrogate a minor victim in a sexual abuse case without informing them that they can be represented?

I am a 16 year old female who is a victim in a sexual assault case. When I reported it to the

detectives, they questioned me and everything was fine. Then , a little while later, I had my forensic interview. Then, the detective came to my house to get me for additional questioning. When we got in the room, her tone changed and she started mostly yelling and trying to twist my words. She picked on my mental health and stuff like that. My mom was in another room waiting when the lady came and got me. She told me to come on back but not my mother and didn’t tell us that we had a choice. My mother and I also didn’t know is that I didn’t have to accept those questions without someone defending me. Is the information in the interview credible and able to be used in court?

Asked on September 6, 2018 under Criminal Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your situation and what happened to you. The right to be informed you have the right to be represented by an attorney - your "Miranda rights" - are required when you are in police custody.  When you are told you have the right to leave at any time you don't have to be given the Miranda warning. I would go and speakw ith an attorney at this point in time.  You seem to have been put in to a situation that warrants dealing with and do not speak with the police anymore without your Mother present and the attorney.  Good luck.


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