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Arrested but not Mirandized

Discussion in 'Juvenile Crime, Law & Court' started by Loyalty, May 24, 2014.

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  1. Loyalty

    Loyalty Law Topic Starter New Member

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    Son, 16, was arrested and booked for Larceny and Obstruction and Resisting, but states the officer did not read him his Miranda rights. No adult was present when he was questioned and booked. Will the charges be dropped? What can we expect when we go to court? Should we request a Public Defender?
     
  2. Proserpina

    Proserpina Moderator

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    Expect for the charges to stay, for your son's version to be countered and yes he needs an attorney.
     
  3. cbg

    cbg Super Moderator

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    Miranda is not required upon arrest; it is only required if they expect to question him and use his statement. If not Mirandized when required, the recourse is to suppress his statement, not to drop the charges. It is not required that an adult be present.

    He needs a lawyer. Whether you request a PD or shell out for a private attorney is your decision.
     
  4. Betty3

    Betty3 Super Moderator

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    A lawyer you hire or a public defender will go over your son's options with him.
     

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