Re: Miranda Law Does it Apply to Minors

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Actually Chuck, its not a requirement that they mirandize you until
an actual arrest is made. There is no law that says that the law
enforcement officers HAVE to mirandize you or inform you of your
rights. They only read the Miranda Rights only within
interrogation. Here is a link and it is very informative so pay
attention to what all it says. This will help anyone understand the
Miranda Rights.
http://www.mirandarights.org/
http://www.mirandawarning.org/

What procedures must the police follow while making an arrest?

The police do not have to tell you the crime for which they are
arresting you, though they probably will. They are not permitted to
use excessive force or brutality when arresting you. If you resist
arrest or act violently, however, the police are allowed to use
reasonable force to make the arrest or keep you from injuring yourself.

While the police are arresting you, they might read you your Miranda
rights. However, they do not have to read you these rights if they
do not intend to interrogate you.
Notice here where it says "However, they do NOT have to read you
these rights if they do NOT intend to interrogate you. So before
saying things like that research it because from what i read from
Gia she is correct. They questioned her son without her or an
attorney being present. Here is the link if You want to see for yourself
http://www.abanet.org/publiced/practical/criminal/arrest_procedures.html

On 5/09/08, Chuck wrote:
> 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.
>
> SorrY Gia, You are only partially correct! The fifth amendment
> applies to police custody as well as arrest. If a reasonable
> person is being questioned by the police he must be informed of
> his rights. (reasonable being: fitting description or attitude
> that suggests his / her participation) He/she must be informed of
> their rights!!! The courts recognize that the relationship
> between authority (police) and a minor suggests that reasonable
> cannot apply. Therefore a minor should not and cannot be
> questioned without his parents or his attorney there to explain
> his / her rights. Folks tell your children they do not have to
> answer questions without you being present. If Law enforcement
> intimidates or threatens that is against the law.