A 12 year old boy was handcuffed and assrested, taken to the police department, questiioned does he or parent need their miranda rights read?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

A 12 year old boy was handcuffed and assrested, taken to the police department, questiioned does he or parent need their miranda rights read?

Police informed parent that they did not have to read them their rights and can question the boy without her pesence or permission. Is this true in the state of Wy.?

Asked on May 3, 2009 under Criminal Law, Wyoming

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

A person of any age, who is in police custody, whether actually under arrest or in a situation where an average person would believe that he or she was not free to leave, must be given his rights before he can be questioned.  This isn't a question of Wyoming law, this is based on the Fifth Amendment to the U.S. Constitution as interpreted by the U.S. Supreme Court in Miranda and a long line of cases since then.

The police do not always have to inform the parents or have one of them present for questioning, though.

If the boy was charged with anything, and the prosecution tries to use anything he said, while questioned in handcuffs, under arrest or at the police station (or any combination of these!), his lawyer should file a motion to prevent that -- and this also applies to any evidence the police were able to find because of what they learned from improper questioning.

Most states require juveniles charged with delinquency or crimes to be represented by an attorney.  If you need to find a lawyer, you can do that at http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption