A Minor/Juvenile was arrested at school. Not during; but after class was over for the day, for the charge of possesion of marajuana (How much (exactly) is considered a useable amount in Texas to be arrested? I believe it was NOT a useable amount.), and taken not downtown; but at the district's police office. The Minor/Juvenile was then questioned without parent/guardian/representation, placed in holding for two hours while not being allowed to contact parent/guardian/representation, and was not read the miranda rights during said arrest. What can I do now? What am I allowed to do? Where should I ask for help? Please anything will help and PLEASE don't hesitate to ask questions and for more details. Thank you so very much.
The Minor/Juvenile was let go to the parent and is currently waiting for a court date. The Minor/Juvenile has not been given a drug text; but will come out negative for marajuana if tested. Currently the school is going to send the Minor/Juvenile to an alternative campus tomorrow for the last six days of school and the first thirty-nine days next school year. Is there any way I can prevent this?
Criminal Defense Attorney
Nearly any amount of marijuana could be considered a usable amount by the Court, but it is an issue that can be litigated.
Miranda warnings only need to be given in a situation of custodial detention. In short, did the child believe that he was free to leave or to not answer questions. In J.D.B. v. North Carolina the Supreme Court ruled that children should be treated differently in regards to Miranda and that their age can be a factor in determining if they felt they were in custodial detention.
If he was held for two hours without contact with a parent and asked incriminating questions there may be grounds to suppress his statements.
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