Is Miranda required for an arrest on school grounds?

Asked over 1 year ago - Little Elm, TX

My son was arrested on school grounds and required to give a statement. He was never read his Miranda rights, and was taken to the juvenile detention facility.

Attorney answers (3)

  1. Macy Michelle Jaggers


    Contributor Level 20


    Lawyers agree

    Answered . No. Miranda is never required. It really only becomes relevant at trial. If the State seeks to introduce statements the defendant made while he was in custody, these statements are inadmissible if he was not Mirandized.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Evan Edward Pierce-Jones

    Contributor Level 18


    Lawyers agree

    Answered . Miranda is not required for arrest. Miranda is not required for a juvenile pick up order to be executed. Miranda has to do with interrogation of suspects in custody. Similar warnings are required prior to taking the statement of a juvenile, and under Texas law are to be given by a magistrate. This is the good ole USA, and no one is "required" to make a statement as far as our laws are concerned. If in fact your son was as a matter of actual fact required to give a statement that needs to be communicated to the lawyer who is representing him. If he has no lawyer, as his parent you really ought to get him one.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  3. Richard Timothy Jones

    Contributor Level 17


    Lawyer agrees

    Answered . Juveniles are frequently treated differently than adults. The lack of being read one's rights only becomes an issue at trial generally.
    Austin Jail Release and Bond Assistance
    Austin Probation Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more

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