Can an officer question someone with mental illness without an attorney present?

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Can an officer question someone with mental illness without an attorney present?

Coercion techniques were used during the interrogation – misleading information, statements about non-existent evidence, lying, mental/ psychological coercion, promises and statements that directly or indirectly infer that cop will pursue as guilty if you don’t answer, insults, etc.

Asked on June 24, 2011 under Criminal Law, Louisiana

Answers:

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

Answered 9 years ago | Contributor

This question is really not as easy to answer as "yes" or "no" and you need to get some legal help for your friend who was questioned as soon as you can.  If your friend lacks the mental capacity that you claim then there is a very good chance that his or her attorney will be able to have the information that was obtained in the questioning suppressed by a judge by making a motion on his or her behalf to do so.  I am assuming that your friend gave information that could be interpreted against him or her, correct?  Then I would get to an attorney as soon as you can to be prepared for what my come next.  Good luck. 


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