Alcohol & Drugs: MIP, MIC, Intoxication Miranda Rights Not Given, Legal?

[tavaughan36]

I have a 17 year old son which attends high in Texas, on 3/2/10 The patrol officer which works the school daily drove up behind the car and at this time asked what they were doing searched the car and found the pipe with ashes in it but to my knowledge NO marijuana. The patrol officer took both young men into the school gave them a sheet of paper and pen and told them to write down what they were just doing. After that the patrol officer put them in hand cuffs and to them to the county jail. My son was in the county jail from about 1:30 pm on 3/2 until 2:30 am on 3/3 when he was finally booked for posses ion of marijuana. We were able to bond him out at 4 pm on 3/3. My son was never given his rights what can I do? He is a good kid and makes good grades

 

[BayState]

I have a 17 year old son which attends high in Texas, on 3/2/10 The patrol officer which works the school daily drove up behind the car and at this time asked what they were doing searched the car and found the pipe with ashes in it but to my knowledge NO marijuana. The patrol officer took both young men into the school gave them a sheet of paper and pen and told them to write down what they were just doing. After that the patrol officer put them in hand cuffs and to them to the county jail. My son was in the county jail from about 1:30 pm on 3/2 until 2:30 am on 3/3 when he was finally booked for posses ion of marijuana. We were able to bond him out at 4 pm on 3/3. My son was never given his rights what can I do? He is a good kid and makes good grades

You should hire a Criminal Attorney to represent your minor child.

 

[jharris352]

You are going to need a criminal attorney. It does sound like his statement may be suppressed due to a lack of having his rights read. I'm surprised he got a possession of marijuana charge and not a paraphernalia charge. If I were you I would be more concerned about his drug use than a misdemeanor pot charge. They will put him in a diversion program, but "getting off" would be the worse thing in the world for him.

 

[Proserpina]

What happens when the officer says that your son was read his rights?

 

[jharris352]

That wouldn't fly. The officer needs to not only read the rights but in a situation where there is a written statement they would get a written statement of rights signed by the Defendant.

 

[bluemann33]

since he is a minor shouldnt the parent(s) have been notified before any questions/signitures were preformed? Or is 17 considered an adult?

 

[army judge]

since he is a minor shouldnt the parent(s) have been notified before any questions/signitures were preformed? Or is 17 considered an adult?

In Texas, 17 year olds are what the constabulary call "keepers"!!!!

They are usually charged as adults.


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[mightymoose]

Miranda wasn't required. At the time the statement was written the boy was not yet in custody, and he was not being questioned by the police. He was asked to voluntarily provide a statement, which he did. It was not an interrogation and there was no need to advise him of his rights per Miranda.

 

[army judge]

I did forget one rather odd provision of Texas School Law.

When arrests are made on school property, the school superintendent must be notified within 72 hours (I think).

The school will hold a hearing when a student is arrested for drug possession on school grounds.

The student us usually sent to juvenile detention school, until charges are resoved.

But, they are not allowed to continue at their school.

You should retain an attorney and address these issues.


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