16-year old Grandson was arrested for resisting arrest and public intoxication.During the arrest he suffered injury`s to his face and head.He was seen by paramedics then taken to hospital by police where he was told he suffered a fractured nose and head contusion.The police said it was only a minor nose bleed.I have pictures.According to a few witnesses he was drug off the vehicle.Arrest occurred 5-6-2016.He was released to parent at police station.He was not tested nor was he read his Miranda Rights.
The best thing you can do for your grandson is to retain a local experienced criminal defense attorney that handles juvenile law. Consult with the attorney about your grandson's defense. You can find an attorney on this site under the Find a Lawyer tab. The next thing you can do is search for a civil rights attorney in your area and also consult with this attorney. Miranda Rights only apply if the police officer had custodial arrest of your grandson, AND asked questions that resulted in your grandson giving incriminating statements. They can ask preliminary questions, such as name and identification without having to advise of any rights against incrimination per Miranda. Definitely consult with a local experienced criminal defense attorney that handles juvenile law.
You should consult with a local criminal attorney by using the "find a lawyer" tab above. Miranda rights are not required to make an arrest, they apply to post-arrest interrogation. The police will probably have a different story, which is all the more reason why you need to review all the specific details with a criminal attorney in order to determine his legal options.
This isn't television. His Miranda Rights probably have no impact on the case whatsoever. He needs a good lawyer familiar with the juvenile courts in SLO.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
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