Re: Miranda Law Does it Apply to Minors

More | Report Post

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.
my 16yr old had the same thing happen to her friday a girl push
her and hit her twice before my daughter defended herself they r
calling it mutual combat now the school called me and told me
she was suspended for ten days but by the time i got to the
school the police officier had already questioned her and placed
her under arrest and would not let me see her or talk to her
then two police officier's hand cuffed her and took her to
juvenile hall then called me 3 hrs later to come pick up my
daughter now acording to miranda vs arizona it states that
parents are entitled to the custody of thier children. the are
free to make all decision's relating to the welfare of thier
child as they see fit !!! the cop threated me and told me he'd
take me to jail also because i demanded to see my UNDER AGED
child what is up with all that i dont get it do our children
have no rights after they step into school or what somebody
please make me understand this now if as adults we know we have
the right to remain silent 16yr olds dont how is this fair?