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Is Miranda required for an arrest on school grounds?

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.

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Attorney answers 3

Posted

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.

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Posted

Juveniles are frequently treated differently than adults. The lack of being read one's rights only becomes an issue at trial generally.
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Posted

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 attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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