SEASIDESTEVE
New Member
Does a minor have to be givin their maranda rights before being questioned, and brought to the station, to be cited for a criminal act.
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Arrest, Search, Seizure, Warrant maranda rights
- Thread Starter SEASIDESTEVE
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No. But any comments the minor makes PRIOR to questioning may not be used.
raskalnikov
New Member
Police are not supposed to interogate minors without their parent/guardian present. Get a good lawyer, hopefully the statements can be tossed out.
And I mean a good criminal defense attorney who has dealt with similar issues.
And I mean a good criminal defense attorney who has dealt with similar issues.
CdwJava
Moderator
What state has a law that says minors cannot be interrogated without their parents? I am not aware of any state with such a law, but I suppose there might be.
In my state (and in some others) if the child requests a parent, the police must hold off until a parent has been reached and it has much the same effect as asking for an attorney. But, I am unaware of any state that has a blanket prohibition to the interrogation of minors absent a parent.
As for Miranda, this is generally required when someone is in custody and subject to interrogation. Statements made in violation of Miranda cannot generally be used dir4ectly against the defendant though they might be made available to impeach the defendant at trial. Plus, any statements made prior to Miranda can usually be brought in and used against the defendant at trial.
- Carl
CdwJava
Moderator
Miranda is only required when both custody and interrogation are present. They do not generally need to read anyone their Miranda rights before or after an arrest, transportation, or citation. However, my state (and possibly others) require that minors be read their Miranda rights as soon as practically possible possible when they are taken in to custody ... however, there is no remedy for a violation of this procedure as it is a state procedural statute - one without a penalty. Your state might have a similar provision.
Consult local counsel on how best to proceed.
- Carl
raskalnikov
New Member
Note, what police are supposed to do, and what they actually do are 2 totally different things.
Especially in all those cases where the kids, basically, have no parents/guardians.
But, due to the interrogation expertise and training police have, a minor has limited ability to defend oneself. I suspect the majority of minors can be made to confess to at least something they didn't do if you give their interogator enough time.
Especially in all those cases where the kids, basically, have no parents/guardians.
But, due to the interrogation expertise and training police have, a minor has limited ability to defend oneself. I suspect the majority of minors can be made to confess to at least something they didn't do if you give their interogator enough time.
CdwJava
Moderator
But, unless the law says they can NOT interview a minor without a parent, they do not have to. Also, different states have different rules with regards to interviews with minors and even Miranda. In my state, a child under 14 requires us to ascertain that the child understands the consequences of their actions so there is a slightly higher standard that must be met to establish guilt. Similarly, when Miranda is read to a minor, the state must establish through the same preponderance of evidence that the minor understood his rights.
The point being that it is not generally against the law for a minor to be interrogated without a parent presence.
- Carl
raskalnikov
New Member
You're right, it's not.
Sunday_Soprano
New Member
Illinois state law states that ... i read a sign when i was being "processed" it was on the wall ...they also can not be cuffed to a stable object.
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