Re: Miranda Law Does it Apply to Minors

More | Report Post

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.