not getting my rights read to me?

Question

ok if your a juvenile and you get arrested and they dont read ur rights to you cant u sue them or something . and if a probation officer says you cant go to homecoming, do u think he would negotiate in anyways possible to let me go

Answer 1

First, some of the answers are not based on the laws as I understand them, but are based on opinions. Of course, the laws differ in each state, and I understand Texas laws but the Miranda decision was a federal ruling and applies everywhere.

First, a juvenile does have Miranda rights, and in Texas actually has more rights than an adult since the Miranda warning must be given by a magistrate. The problem is that you probably did not need your Miranda rights warning since it only applies in a very specific set of circumstances. First, it only applies if you are in custody, and second it only applies if you are being asked questions about the offense you are in custody for or one closely related to it. If the police never asked you questions, or you were not under arrest at the time, the police did not have to read you your rights.

Second, assuming the police actually did violate your rights, you still cannot sue them. This is not because the only punishment is the loss of the evidence. It is because a juvenile cannot file a lawsuit in most states. Any time the police violate your rights, they can be sued or criminally charged. This is part of the federal laws, and the lawsuit is called a 1983 action from the section number (Title 42, United States Code, Section 1983). If it was a real violation, you can get your parents to file a lawsuit in your name if they can get a good lawyer for you.

And finally, it seems to me like the probation officer has already made up his mind. You can try to negotiate with him to go to homecoming, but your best bet is to write it off. Just start behaving and letting him see that you are doing better and tryng to become a law abiding citizen will do more towards getting you more relief on probation. It is called a reward for good behavior and a punishment for bad behavior. Let him see the good side.

Answer 2

Well kiddo, if you're a juvenile, the police can't question you without your mommy or daddy there with you. It's for the protection of your rights. This way, your parent can advise you to talk, shut up, or ask for an attorney, as you are too young to know better. In fact, in NY, when a juvenile gets arrested, both the child and the parent get tickets inviting both to arrive at the County Probation office for their hearings. Most times, your crimes can be taken care of at that point, and probation then does own your buttocks... Don't do the crime and you won't have anything to worry about. Your Probation Officer will not allow you to go to the homecoming thing because you will violate your curfew...

Answer 3

Your rights are the same whether or not your a juvenile. Even if you're not a citizen, if you get arrested in this country, they still have to read you your Miranda rights. The Supreme Court used to rule that a case was automatically going to be thrown out if the police didn't read you your rights, as a way to man handle the police into doing their jobs properly because there were too many abuses in the system. Lately, they've been swinging in the other direction, ruling that Miranda rights have been so publicized in the media that it is reasonable to assume that everyone knows them already, so it's no longer a free pass if they don't. You might have some room to negotiate if any other improprieties occurred, but your biggest problems are 1. It's a he said she said situation and a police officer is going to be presumed to be more honest than you, and 2. Is the point you're trying to prove or the more lienient sentence you're trying to receive worth the money, time and heartache you'd spend on a lawyer in the uphill battle they're going to give you in order to save their own faces?

Answer 4

No, you can't sue (more accurately: you can sue, but your suit will be thrown out of court). The only penalty for a failure to read a Miranda warning is that a confession can not be used as evidence, if it was obtained from a suspect in custody who hadn't been given the warning.

As to the homecoming: it can't hurt to ask...but what do you think you could negotiate with?

Answer 5

Don't do the crime if you can't do the "time." No home coming for you!

And, no you don't get to sue somebody if you don't remember your rights being read to you. What they recite to juveniles is not the Miranda rights you have heard on TV. It's different for juveniles, so you probably didn't recognize it for what it was.

Answer 6

yes he can but i dont think you have the same rights as a juvenile and if they didnt question you then they dont need to read them to you. and just talk to him as a real person and just say that you would like to go to your homecoming dance. what do i have to do to be able to go.

Answer 7

The laws that apply to adults are not necessarily the same for juveniles. Sorry. Now take your punishment. Try to learn from your mistakes.

Answer 8

There is no requirement that police read you Miranda warnings.

In fact, the warnings (and waivers) only apply if you are interrogated after being arrested (called custodial interrogation). If the police are not going to question you, and won't be using anything you say, then no warnings are required.

Answer 9

The law makers have been making laws without our consent for years....WHY!?!.....they get paid so very well that they are going to keep on making laws for the Judges, DAs, Probation Officers, Jailers, Police Officers, etc., etc., etc.

If we had any say in the matter, laws would be made to compensate for both sides of our Legal System and not just the enforcing side.

The reading of Rights no longer applies because too many people were being let go because of them forgetting to "Read the Rights" to those being arrested. As far as not getting to go to prom, your probation officer needs to be reminded that he or she is the one taking the only chance you get for your TRUE Prom Night. Let them carry the guilt on their shoulders for refusing you that right you earned going through 12 years of school.

Answer 10

Reading you your rights is just for custodial interrogation. Stay on this path and you'll miss a lot more than homecoming, so maybe it's time to suck it up and take your punishment.