How do I prove my minor son only said was guilty because he was scared?

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How do I prove my minor son only said was guilty because he was scared?

My son has been givin a ticket for criminal mischief. He was put in police car for a while and told that he was goin to jail for lying, so said he did it even though he didn’t. I wasn’t there when they spoke with him.

Asked on April 5, 2012 under Criminal Law, Nebraska

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

As you can imagine, there is no legal answer that magically proves he confessed because he was scared.  There may be legal remedies that require the statement to be suppressed (not used at trial against him) if he was questioned in custody without having been read his Miranda rights.  If that fails, it will cone down to his credibility and the skill and experience of his attorney.  Good Luck.


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