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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
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Experience:  Employment Law Expert
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Can a person who has a conservetor be interview by the

Customer Question

can a person who has a conservetor be interview by the police without a competent person present?
Submitted: 1 year ago.
Category: Employment Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

They can. That is there is no law or rule requiring this. That is, there is no rule or law that require the police go through an conservator or have a conservator present before interviewing a person declared incompetent

Now...if the police are attempting to interrogate an incompetent person in order to prosecute them for a crime, they face a challenge to prove that the person was able to understand the meaning of the Miranda rights. And it may be if the police can not prove this, the statement made by the incompetent person is ruled not admissible in a criminal proceeding.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
what if they try to use the incapacitaed persons statements to convict a person? there is no audio or viedo recording and the person isn't capable of making the statements they are say the person made.
Expert:  P. Simmons replied 1 year ago.

The police have the burden of proof that the incompetent person understand the Miranda warnings. The incompetent person's lawyer can help cross examine the officers who conducted the interrogation to help show that they were not able to explain to the incompetent person their rights.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.

I see you have had the chance to review the answer.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.