Thanks for the reply. Hopefully, your son's lawyer will be able to succeed in getting him a misdemeanor
offer, and the statement won't turn out to be a concern.
If the statement was taken but your son didn't sign off on it, that might create credibility problems if the state wanted to use it against him. It's not required that they have him read and sign it, but to do so would authenticate it. Without that your son could deny that he said any such thing.
Generally, if the prosecutor is going to use a statement attributed to the defendant, he will alert the defense of that. In my state, they have to give formal notice of that at a defendant's arraignment, and they have to give a copy of the statement to the defense as part of the pre-trial discovery process.
If the state is planning on using the statement and the case is going to trial, your son's lawyer can file a motion for a pre-trial hearing to suppress the statement (keep it from being used at trial) by claiming that it was taken in violation of his Constitutional rights. Constitutional issues such as this are decided on a case-by-case basis at these hearings, and the test is what a reasonable police officer would do under all of the circumstances.
During the hearing, both the prosecution and the defense would get to question the officer who took the statement. The prosecutor would attempt to demonstrate that your son was given his rights and made a knowing and voluntary waiver of those rights resulting in the statement. The defense would cross-examine and attempt to show that the police had overstepped their authority and behaved improperly. At the close of the hearing, both sides would make a brief argument to the judge, using the evidence that came out at the hearing to support their position. Then the judge would give his ruling. If he decides that the police behaved properly (usually the case) the statement can be used. If he decides it was taken improperly, it could not be used at trial.
If I've helped, please click the green Accept button so I can get credit for my work.
This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.