Can charges be dropped if a minors rights were violated?

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Can charges be dropped if a minors rights were violated?

As a minor, if you were released to a non-legal guardian and your Miranda rights were not read to you, can charges be dropped? Security officers detained a minor in a local department store for shoplifting and during the arrest they failed to read the minor her Miranda rights. Also, when they had the minor’s parent contacted they gave her her cell phone to contact her mother. They gave the minor a citation for misdemeanor and released her to her mother who has no custody. The papers and everything were signed by the mother. The father has complete custody of the child but all papers and were released to mother.

Asked on December 18, 2011 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, the security officers who detained the minor presumably at a store for the alleged shoplifting violations are not law enforcement. The security guards are private employees and as such are not required to read anyone their rights per the Miranda decision.

Given the situation that you have written about the minor and the shoplifting charge, I recommend that a criminal defense attorney be retained to assist in his or her defense.

From what you have written, I do not see the criminal citation being dropped as the result of any Miranda right violation.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, the security officers who detained the minor presumably at a store for the alleged shoplifting violations are not law enforcement. The security guards are private employees and as such are not required to read anyone their rights per the Miranda decision.

Given the situation that you have written about the minor and the shoplifting charge, I recommend that a criminal defense attorney be retained to assist in his or her defense.

From what you have written, I do not see the criminal citation being dropped as the result of any Miranda right violation.


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