Minor arrested in texas no miranda rights

Asked almost 3 years ago - Corpus Christi, TX

My 16 yr old was having truancy issues & sent to DAEP, after 2 days there he didn't want to go, school principal came to house with his paddle, screaming at my son, kicking his bed, grabbing his arms, holding him down & throwing him around the room & even busted out a window. My son tried to get away from him & protect himself & pushed principal, next thing we know my son is bleeding from a cut above his eye & principal is screaming for the police to be called saying my son assaulted him. My son is arrested & sent to JDC, he was not read rights, not able to give a statement or enter a plea Situation has gone way to far for truancy, principal said can't hold anything against him he is with in his rights. Were are my childs rights & our rights as his parents & why isn't this considered abuse

Attorney answers (3)

  1. Cynthia Russell Henley

    Contributor Level 20

    Answered . You need to consult with a lawyer because this seems like a very unlikely situation to have a school principal go seeking a truant child. The principal had no right to enter the house in the first place unless he was invited in - then he is like any other invited guest.

    The failure to read a juvenile (or anyone) their rights results only in the suppression of any incuplatory statements made to police upon questioning by police while in custody. The case can still be prosecuted. It is probably better that your son did not make a statement because now he can think clearly and be able to articulate what happened to him in a calm way rather than after what he had been put through (which might have caused him to fail to mention some facts, etc.)

    Your child needs a good lawyer to represent him. If the case is won on the charge of assault, then you may consider consulting a lawyer about filing a case against the principal, and possibly against the school. Sounds like this principal is out of control, and it does sound like abuse - in fact, if your child's version is correct, it sounds like the principal assaulted your child.

    If the principal did put his hands on your child at your house, then your child has the right to defend himself against the principal's unlawful assault. My guess, however, is that this is going to be a completely different version than the one the principal will offer (and that in the principal's version your son caused the breakage of the window and his own injury.)

  2. Richard Timothy Jones

    Contributor Level 17

    Answered . Sounds like an out of control principal. You definitely need to consult with a civil rights lawyer and complain to the school board. You may have a suit for assault and false imprisonment.

    This is intended as only general legal advice. Feel to visit my website, www.austincriminaldefenseattorney.com... more
  3. Mario Rojas Madrid

    Pro

    Contributor Level 10

    Answered . According to your scenario the principal seems to have crossed the line. You need to hire an attorney to pursue this issue.

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