Re: Miranda Law Does it Apply to Minors

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On 2/18/08, lisa pierce wrote:
> My son was recently questioned and force to take a brethalizer
> test by the police while he was a t school when one of his
> friends was taken to the hospital after consuming alcohal, the
> school never called me to inform me what was going on or to tell
> me that the police were questioning my son about his involvement
> with the situation. The police told him that if he didn't do
> the breathalizer test he would be arrrested and taken to jail
> and his parents would have to bail him out. I am very angry at
> the school for allowing this to happen and failing to even
> informing that it did happen- he and two other students were
> suspended pending an investigation. I just don't see how this is
> legal
>
> On 3/12/06, Gia wrote:
>> Miranda applies when you have arrest (or its equivalent) plus
>> interrogation. It does not apply just because a person is
>> under arrest.
>>
>> You need to speak to an attorney to determined what actually
>> happened and if Miranda is even an issue.
>>
>> On 3/10/06, Carol wrote:
>>> On 3/09/06, Rudy wrote:
>>>> My Question is does the Miranda Law Apply to Minors, My
>>> son
>>>> 14yrs old. was charged 2 weeks ago for assault against a
>>>> teacher and was questioned in the office of the assitant
>>>> Principal and the police officer about what he did. Now,
>>>> take in mind Me as the parent was not present nor advised
>>>> of the situation until my son came home that he received a
>>>> citation from the officer for an assault and all my son
>>> did
>>>> was shove the teacher back but that is another long story.
>>>> What I like to know is that my son just like anyone else
>>>> has rights especially if he is about to be charged with a
>>>> serious offense, and not to have his parents there or call
>>>> us and tell us about this until after he was given the
>>>> citation, can someone please help me understand this
>>> better.
>>> There are many common misconceptions about Miranda, one
>>> bieng that it is a law that must be followed. Miranda is a
>>> case decided by the US Supreme Court. It is a right, not a
>>> law. What it involves, among other things, is the 5th
>>> amendment right not to incriminate oneself and how a
>>> person's statements can be used agaisnt them. Miranda only
>>> applies if the person is under arrest. Then the requirement
>>> is that the arresting officer tell the person in language
>>> they can understand that they have the right to remain
>>> silent and anything they say will be used against them, also
>>> that they have the right to an attorney, etc. Anyone who
>>> watches cop shows on TV can recite this in their sleep.
>>> Again, THIS ONLY APPLIES IF YOU ARE UNDER ARREST. It does
>>> not apply to citations or questioning. In answer to your
>>> question, yes, juveniles have the same 5th amendment rights
>>> as adults and if a juvenile is arrested the parents are
>>> supposed to be notified. try googling "Miranda rights
>>> +juveniles" for more information. I would suggest hiring a
>>> juvenile defense attorney to represent your son. S/he can
>>> fill you in on all of the other aspects of the case. Any
>>> time someone is charged with a crime it is my recommendation
>>> that they have an attorney. Your freedom is just too
>>> important not to spend the money. Oh, and that's another
>>> part of what the cops have to inform you when you're under
>>> arrest, if you can't afford an attorney the court will give
>>> you one.
I feel that this is an unacceptable behavior from our schools that
they are allowed by law to interragate,brow beat these kids and
threaten them into submission until they will turn in there own
mother just to get out of the control of a armed police officer,
principal. Why don't our children have any rights at school, the
laws protect them on anything else but this? Come on one of you
smart people out there should produce a law and get it on the
books. I know the 18 year olds of america would vote to pass a law
that would protect our children in school from school officials
that have there own agenda.