The latest media attack on confessions suggests that the 17 year old sniper's confession should be suppressed because he didn't have a guardian or lawyer present. Once again, the public is being misinformed.

Can a lawyer or guardian stop an interrogation by invoking Miranda?

Aren't those the suspect's rights, not the lawyer/guardian's?

Also, does it matter what the age of criminal responsibility is in the jurisdiction where the confession is made? In Texas, 17-year-old Malvo would be an adult and generally s.o.l., but in states that use 18 as the cut-off, might the police run afoul of additional, more stringent juvenile law requirements? I confess that I don't know where his statements were made or what the local laws are in that state, but I'm curious.

Oops, I didn't have my guardian present before I made that confession -- can I invalidate it?

There is Texas case law on point. Except in very limited circumstances, an attorney cannot invoke a suspect's fifth amendment rights for the suspect. See, e.g., Janecka v. State, 739 S.W.2d 813, 828 (Tex. Crim. App.1987).

I always hate it when, on Law And Order, a suspect's attorney shows up and stops an interrogation.