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By law, Miranda warnings do not have to be given unless you are in custody. In the context of Miranda rights, custody has a narrow meaning: either you have been placed under formal arrest, or the circumstances are such that a reasonable person might think that they are under arrest, meaning they believe they are not free to leave.
→ Read MoreA juvenile is entitled to have their Miranda rights read to them if they are being held in custody and being interrogated by a law enforcement officer. Law enforcement officers are required to state Miranda rights to a juvenile in a language that the juvenile understands.
→ Read MoreOther than supplying a lawful name, address and date of birth, a minor does not have to say anything further to the police. This is however, a sensitive matter and if a juvenile has not done anything wrong and is merely being asked a simple question by a police officer, not reacting may insinuate guilt of something.
→ Read MoreA juvenile is not guaranteed confidentiality if he or she talks to a juvenile hall employee or a juvenile probation officer. There may be an exception if the juvenile spoke to a mental health counselor in a juvenile hall or juvenile probation office. Click this link for details.
→ Read MoreAs a juvenile, whether or not you are entitled to have a parent present when questioned by the police may depend on the state in which you were arrested. The Fifth Amendment privilege against self-incrimination does apply to juvenile criminal court proceedings. Statements made by a juvenile while in custody would not be admissible evidence unless they were made voluntarily.
→ Read MoreSchool employees are not required to read a juvenile or adult Miranda Rights. They are not law enforcement officers. However, school employees are not supposed to lie to a juvenile or adult about the consequences of making an incriminating statement. School employees may be disciplined by their employer for lying. Providing no information about Miranda Rights, however, or the consequences of making an incriminating statement, does not constitute a lie.
→ Read MoreJuveniles, generally defined as young people between the ages of 10 and 17, possess Miranda warnings in juvenile delinquency cases. Prosecutors cannot ask the court to admit evidence which includes statements made by a juvenile in custody if the juvenile was not read Miranda warnings.
→ Read MoreA defendant’s statement given during custodial interrogation will not be admissible in court unless his constitutional rights as set down in Miranda v Arizona have been observed. Under the law, police cannot question a defendant unless he is first advised of his Miranda rights and he voluntarily waives them.
→ Read MoreFind the right lawyer for your legal issue.
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