12yr-old arrested at school/marinade rights read to him.parent were not notified.?

Question

parents were not told until after child was at police sta., parents were not told charges and were not allowed to see or speak with him .he has not endanger or theaten anyone ,it's happened back in aug and was thought to be closed.went to court and is still in custudy..2 more weeks ,,until next court date

Answer 1

So, MIRANDA rights were read to the kid. Good. Parents WERE notified. Good.

So what is the problem? If you say it's because he wasn't allowed to see his parents so they could tell him to get a lawyer, you are wrong.

The courts have ruled over and over that a minor does not have the right to have a parent present during questioning. Additionally, parents cannot invoke their child's rights to a lawyer. the kid must do it. These are found in the following cases:

Charles P. (1982) 134 Cal.App.3d 768, 772 [“Appellant’s contention that the failure of the sheriffs
to inform him of his right to consult with his parents vitiated his confession is not supported by existing case
law.”];

In re John S. (1988) 199 Cal.App.3d 441, 445 [court notes that in People v. Burton (1971) 6 Cal.3d
375 the court “did not hold that the police must advise a minor that he or she has the right to speak to a
parent.”];

People v. Maestas (1987) 194 Cal.App.3d 1499, 1508 [court rejects argument that “the police are
under a duty to advise the minor of his right to talk with his parents before interrogation can take place”];

In re Abdul Y. (1982) 130 Cal.App.3d 847, 863-7 [court rejects argument that officers were required to inform
him that he could speak to his parents or sister];

In re Jessie L. (1982) 131 Cal.App.3d 202, 215 [“There is no
requirement that a minor be advised of and waive the opportunity to speak to a parent or to have a parent
present during police questioning.”].

Answer 2

Dane. If it is as you say, the parents WERE notified when the minor was in custody at the police station. However, if an incident happened at school or at a school activity, the school had the obligation to notify the parents about what happened.

As for seeing the minor while in custody, the police should have allowed the minor to be seeing by the parents so they could advise the minor not to make any coments until they (the parents) got him a lawyer. What does a 12y/o know about Miranda Rights? Nothing. (Most of the time, but what they see on TV).

I believe some civil rights violations took place there. But you should meet in private with a lawyer. Even if the kid did something very bad, like taking a gun to school or crack someone's head wide open, he still have Constitutional and Civil Rights that cannot be ignored by Law Enforcement.

Answer 3

Not sure what the question is but Im thinking your asking why were parents not notified and such. I believe more information needs to be known to give full reasoning but there are reasons this would happen. In law enforcement, if there is a crime that has been committed by a juvenile in which there is possibility/evidence that implicates either negligence or involvment by parent/guardian, the parent/guardian will not be allowed to be in the questioning room for obvious reasons. Yes there will be someone in the room to protect the juveniles rights, however if the parent/guardian is involved, they can not be legitimately unbiased to the rights of the child. In this situation it appears there is something further going on that makes me believe there is more going on under the headlines. Possibly looking into charges against the parents for some reason or another. Hope this has helped.

Answer 4

Marinade rights?.....You mean Miranda, I think.
The police and district attorney can have a judge appoint Children's Services as guardian if they have a concern that the parents are not able or unwilling to look out for the child's best interest.
If the child is still under the supervision of Children's Services after all this time, it's obvious that the parents have done nothing to date. The fact that you never mentioned that the parents haven't obtained legal council is telling me that they really don't care.
Someone has to care and the little guy is lucky that the law provides for this social safety net. All too often these kids end up falling through the cracks because of irresponsible parenting.

Answer 5

What was the charge? Was counsel provided? Does the child understand his rights under Miranda? Was there a bond hearing? These are all questions that need to be answered to give an intelligent answer to you.
Generally, unless a suspect waives his rights under Miranda
the right to silence remains unless one of the exceptions such
as dying declaration or excited utterance applies. And, there are
Due Process rights which are available from the moment jeopardy attaches. (arrest) Among these is the right to counsel, and if the family cant afford ir, counsel will be appointed.
There is no right to bail, only a prohibition against excessive bail/ Usually a court will only hold a suspect without bond if there is either a risk of flight (not likely at that age) or there is a danger to the community if the accused is released. What you can do is appear in the court and ask the judge hearing the case to allow a release on bond pending trial/

Answer 6

I'm assuming you're talking about Miranda Rights, not the Marinade Rights, or should this question be in the cooking section?

To answer your question, your right to silence or counsel, ie. Miranda, applies to a custodial interrogation and provides you with the right to a lawyer. There is nothing in the case law that says a juvenile has the right to have a parent with him. There is also nothing that requires the police to immediately notify the parents that their child has been arrested/charged with a crime.

Answer 7

I'm not sure where you are but as a juvinile he/she has rights. NO one should have spoken to him EVEN with Miranda rights being given. He is minor and as such the parents should have been allowed to see him, speak with him, and been allowed to get him a lawyer. I am sure you are not listing everything here, BUT just from what you have said, he may very well walk away with NO conviction as it sounds like his rights have already been violated. And another thing that will paly a part is what ARE the charges against him. Murder, assault, stealing something, setting a fire. What the charge/s is are can also play a part. Good Luck either way.

Answer 8

Get a Lawyer ASAP ! It sounds strange that the parents were kept in the dark about what is going on. You really need a lawyer, someone who knows the laws, to protect the childs and parents rights. Every state has different laws so find someone in the area where they live.

Answer 9

I believe you mean Miranda. And it sounds like you (or the parents, if that's not you) should be talking to a lawyer regarding this issue. Laws vary everywhere and only someone practicing it in the area in question will have correct answers.

Answer 10

Link to the story? Also they do not marinade kids. At least try to use the spell checker.