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jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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Can you use the fact that a family member was not called in ...

Customer Question

Can you use the fact that a family member was not called in during the reading of the meranda rights to make sure a person legally of low intelligence, and illiterant underdstands those rights be cause for an appeal case?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  jamest replied 9 years ago.
Hey there.
You could appeal, but the chances are slim that it would be granted. Unless he was of such low intelligence that he could not understand what was happening, the waiver would be valid. Lots of criminals waive Miranda, some are not that intelligent, the question is rather did he understand what he was doing? This is an appeal meaning the trial judge ruled the waiver was valid, and that is given deference at the appellate level. Sorry to bear bad news, but I don't think the appeal would be successful.