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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
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Experience:  Attorney
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My grandson was sentenced 6-20 years for 1st degree home invasion

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My grandson was sentenced 6-20 years for 1st degree home invasion and 6-12 years for 2nd degree home invasion. If the detectives did not read him the Mirandize warning before questioning him...is this legal to prosecute him? Bond was set a one-hall million dollars. He served time in jail from January 2011 until he was finally sentenced.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 3 years ago.
Good morning! I'm so sorry to hear about your grandson's situation!

Unfortunately, the state can still prosecute someone, even when officers failed to Mirandize him prior to questioning.
However, his attorney may have a basis to motion to suppress any information that came from a custodial interrogation if the officers didn't Mirandize him.
A custodial interrogation basically happens when a defendant doesn't believe he can leave and when officers are trying to elicit information from the defendant.
An attorney's failure to act to suppress such evidence can, in some cases, potentially constitute ineffective assistance of counsel.
That can potentially provide a basis for appeal and a malpractice lawsuit.
Accordingly, your grandson may wish to have his appellate attorney review the matter to determine whether or not an appeal may be merited.
He should act immediately if he wishes to pursue that possibility, as the deadlines can be very short.
Customer: replied 3 years ago.
Is boot camp an option for an offense such as home invasion for a 19 year old?
Expert:  Thoreau (T-USA) replied 3 years ago.
Boot camp may potentially be an option.
However, if sentencing has occurred already, it's probably too late for that.
He needs to get his appellate attorney involved immediately to evaluate any bases for appeal.
Boot camp programs are called Special Alternative Incarceration programs.
You can read about eligibility for such programs at the link below (the statute that establishes these programs):
http://www.legislature.mi.gov/%28S%28dtms4djhqytp0hi4dthsvf45%29%29/mileg.aspx?page=getObject&objectname=mcl-791-234a

I know that this probably isn't entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.
Customer: replied 3 years ago.
Can the family contact an appellate attorney. He was sent to Jackson Prison today and we were told he would be in the hole for the next thirty days.
Expert:  Thoreau (T-USA) replied 3 years ago.
I apologize for the brief delay. Due to the lateness of the hour, it was necessary to step away from the computer for a moment and you had not yet posted your reply when I stepped away.

An individual's family can contact an attorney on that individual's behalf, though the defendant ultimately has the final say as to whether or not he will retain an attorney.
He will be entitled to adequate access to his attorney for the appeal process if he chooses to pursue an appeal.
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 4 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you and may God bless you. I apologize for the lateness of the hour, but I have not been able to sleep since my grandson was sentenced on Tuesday.
Expert:  Thoreau (T-USA) replied 3 years ago.
There's nothing at all to apologize for. That's what I'm here for and I'm grateful that you brought your question to JustAnswer! I certainly understand what a stressful situation you're in. Thank you for understanding my brief delay earlier.

May God bless you as well!

Thank you for clicking accept! Good luck to you and your grandson!

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