Re: Miranda Law Does it Apply to Minors

More | Report Post

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.