A 12 year old boy was handcuffed and assrested, taken to the police department, questiioned does he or parent need their miranda rights read?
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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 14 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
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