Do minors have the right to recive miranda warnings when being arrested?

Asked about 2 years ago - Bay City, MI

I am working on a paper for school and can't find any information on this subject

Attorney answers (5)

  1. 8

    Lawyers agree

    Answered . Just like adults, minors in the juvenile justice system have Constitutional rights, which includes the right against self-incrimination and a right to an attorney. This means that law enforcement must read a minor his or her Miranda rights when they arrest and question a minor.

    And with that, good luck on your paper and hopefully you will only need this for your paper, and never in a real situation.

  2. 5

    Lawyers agree

    Answered . I agree with Mr. Holbrook and Mr. Thygerson. An important thing to recognize about the Miranda rule is that it is an evidentiary rule, meaning that it has to do with whether statements made by a defendant are admissable into evidence in a trial or hearing. It does not directly affect the validity of an arrest. Minor or adult, it makes no difference. Good luck on the paper!

    The information contained in this answer is intended to convey general information. Nothing contained in this... more
  3. 5

    Lawyers agree

    Answered . Constitutional rights apply to adults and minors alike.

  4. 3

    Lawyers agree

    Answered . Read the following law review article:

    DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of... more
  5. 2

    Lawyers agree

    Answered . Police officers are required to advise adults and minors of their Miranda rights when 1) the person is in-custody and 2) the police officer is questioning the person. Just because the police arrest someone does not mean they are required to advise that person of their Miranda rights--you need arrest + interrogation. With minors the police are also, prior to questioning , required to attempt to contact the minor's parent or a guardian. Good luck with your paper.

Related Topics

Miranda rights and criminal defense

In most cases, police must read you your Miranda rights upon arrest. Miranda rights include the rights to refuse to answer questions and to ask for a lawyer.

Arrest for criminal charges

Arrest is when a law enforcement officer takes you into custody, typically to jail. Officers must have a warrant or probable cause in order to arrest you.

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