If a juvenile gets arrested and the police do not read him his rights until he is interviewed is that legal?

Answer 1

The Gault Decision by the Supreme Court laid out the rights of juveniles, and those rights are the same as those for adults under the Miranda case.

In either case, you only have to be read your rights by the police if you are under arrest (or are being detained) AND are being interrogated. If you are under arrest, but not being questioned, they don't have to read your rights to you.

I do intakes for juveniles who have been arrested, and since I will be questioning the individuals and their parents, I read their rights to them. An intake, BTW, is when the probation officer decides whether to make a recommendation to the Prosecutor as to how a juvenile case is handled.

Answer 2

Not only is that legal, it is the proper way of doing things.

The officers arrest the juvenile, take him/her to their office or the school officer or wherever, read the juvenile his/her rights, and then question the juvenile about whatever crime they are being charged with. If that's what happened, that's legal and proper.

The police do not have to read anyone, adult or juvenile, their Miranda warning when they are arrested. The police are only required to read a person the Miranda warning after the person has been arrested and before any interrogation. If there is no interrogation, there will not be any reading of rights.

BOTH conditions (arrest and interrogation) must be met before the police are required to read a person their rights. If either one is not met (not arrested or no questioning), then the police do not have to read a person their rights.

And as a note on juveniles: Parents do NOT have a right to be present when the police are questioning their child. The parent has no rights in regards to the juvenile being questioned. It's not about the parent, it's about the juvenile. The juvenile has rights. The juvenile has a right to speak to their parent/guardian before questioning, but only if they ask for it. And if they ask, the officers have to make a "reasonable effort" to contact the parents. If they make a true effort, but cannot contact the parent, they did their due diligence. And they only have a right to speak to them, not have them present the whole time. The juvenile also has a right to a lawyer, but only if they ask for it. If the juvenile does not ask to talk to their parent and does not ask for their lawyer, that is the juvenile's decision. A juvenile can waive their rights just like an adult can.

Answer 3

Man... Some of these answers just show that people watch to much television! Here is the law on Miranda.

Miranda advisals are only required (1) when a person is in custody and (2) when the person is being interrogated. This is sometimes referred to as the two prong test - the two prongs being custody and interrogation.

The police DO NOT have to read you your Miranda rights just because they are arresting you. The police actually do not have to read you your rights at all after you arrest unless the police are going to question you. The whole "throwing the cuffs on and reading you your rights as you lay on the ground being cuffed" is pure television drivel.

The police also DO NOT have to read you your rights if you are not in custody at the time of interrogation. When the police ask you to voluntarily come the station to talk about a situation, or meet you at your house to talk to you, you are generally NOT in custody and therefore do not need to be advised of your rights.

So, the short answer to the question is that IT IS legal to arrest a person and not readnthem their rights until they are going to be questioned.

Answer 4

yes it is legal a police officer dose not have to read you your rights until they interview you if you choose to talk before the interview starts it is called a spontaneous statement and can be used in court. they only have to read you your rights when interviewed because they only cover you when you are being interviewed

Answer 5

Yes that is actually how it is suppose to work, on anyone, they arrest you, and bring you in for questioning, and normally they actually don't read the rights to you, but give you them in writing for you to sign a copy of.

But TV is just TV, rights are only read if and when you are questioned

Answer 6

Police can detain you and take you to the station without arresting you.They can even handcuff you if they think you will run or are a threat to them.They only have to read you your rights at the time when they decide to arrest you.

Answer 7

juveniles are protected by the same laws of adults but in real life that isn't soooo..... a child must have their legal guardian present for any interview but the police has found ways around that.... also if a child says he or she wasn't told their rights who's going to believe them.....

young adults must be taught to not speak but these words" I WANT MY ATTORNEY BEFORE I SPEAK TO YOU"

Answer 8

You only need to be read your rights prior to being interviewed.

Answer 9

YES, rights need only be read BEFORE questioning

Answer 10

The Miranda Rights must be read to you at the time of your arrest when you're taken into custody. If not charges may or may not be dropped or eveidence cna or can not be used against you as well.