There are many exceptions and variations of the rules as to when Miranda is required. Your circumstances, as described by you here, seem to fall into one of those. HOWEVER, you should have an attorney representing you. If so, you need to discuss these issues with him/her since he knows your circumstances best. If you don't have counsel, seek and obtain one. These are facts, issues that you should be discussing with your attorney in private not online.Ask a similar question
Tell your parents to hire you a lawyer you can speak to regarding your case. There may be a ton of issues to discuss regarding Miranda and other legal topics.
Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at email@example.com and put AVVO in the subject line.Ask a similar question
Not a strong Miranda issue. Even assuming, for the sake of argument, that you should have been warned, which is not clear, it is presumably the drugs found on you, not your statement, which is the basis of the prosecution. Suppressing the statement, which would be the Miranda relief, is not going to do much for your defense. But just maybe you have something to work with on the theory that the search would not have taken place but for the statement. Of course, you have a Terry "investigative detention" problem which may undermine your Miranda claim. All in all, at first blush your Miranda argument does not strike me as very persuasive, but it is worth your attorney's consideration.Ask a similar question
Make sure you have an attorney representing you. This area of law is too complex to try and represent yourself.Ask a similar question
These legal issues are complicated and better to be discussed in private with an experienced criminal defense attorney. Retain counsel to protect your constitutional rights. Good luck.
Kaitlin S. Verdura, Esq.
Verdura Law Group PLLC