When a juvenile is arrested are the police required to read him his rights?

Answer 1

No. I've read through a lot of answers and most people are incorrect.

When they simply arrest the juvenile, they do not have to read him his Miranda rights. However, if they question him at all, and if his answers could incriminate him then yes, they must.

Police can arrest anyone they want (with probable cause of course). Miranda rights are only read when a person is questioned about a crime.

If a juvenile known to you has been arrested, tell them DO NOT speak to police or anyone from the prosecutors office. Get the juvenile a lawyer. The lawyer will till him who he should talk to and who he shouldn't. Also, make him or her aware that police can legally say "if you tell us what happened then we won't charge you with anything." That is not true. They can and will use anything he says against him.

Answer 2

The police are only required to advise someone of their rights before they are questioned. If the police are not going to question the arrestee then there is no need to advise them of their rights. A juvenile has the same rights as an adult. Usually a concerned adult or parent is required to be present before a juvenile is questioned. Most people believe that the police have to advise you of your rights when you are arrested. That's not true. Only if you are going to make a statement or be questioned.

Answer 3

100% without a doubt NO.

The police are ONLY required to give the Miranda warning before questioning/interrogation and NOT at arrest. Many police do it at arrest so they cover their tracks when they goto the interrogation. Also depending on the state the child can waive their right to have a parent with them (Totality of Circumstances). In Pennsylvania for instance a child at any age can waive the right to counsel during questioning. Could we base our answers on fact rather than the entertainment industry?

Read the US Supreme Court Cases:
Miranda v. Arizona for Miranda Warning
In Re Gault for Juvenile Due Process

Answer 4

YES........ Anytime an officer of the law detains an individual for questioning, or arrest, they are required to marandize that individual. If the person in question is not read their rights, there are possible grounds for dismissal of charges and/or unlawful arrest, or detainment, depending on how your justice system categorizes the charge. We see this all the time where I am from, and there are people getting off on their charges, even though they may be really guilty of the offence on question. In the case of a juvenile, it is just as important to read them their rights, and in alot of places they are required to have adult parent and/or guardian present at the time of the actual incarceration. I would advise that you look into this further and get back to me on the actual details of the case in hand. Good luck....

Answer 5

Technically speaking a police officer never has to read anyone their rights unless they intend on questioning them about the crime they are arrested for. A juvenile has to have the rights read to them in the presence of a parent or judge.

If I have you for shoplifting, example, I have the store employees statements a video tape and you with the merchandise, I don't need to ask you anything. You are not required to have your rights read to you when I am asking basic info like Name/DOB/address.

Answer 6

Depending on the state, the answer is always YES, but it depends on whether or not the parents have to be present when those rights are read.

In NY, a juvenile must have his or her parents present before rights are read & juveniles must be kept secured in a room specifically designated for them (no interaction with mainstream prisoners).

Answer 7

Friar Chuck and Quasimodo got it right. A juvenile has the same rights to Miranda but only if;

Miranda rights only need to be read if there is CUSTODY and INTERROGATION. I used to walk up to people all the time and ask them what they did. As soon as they told me I would arrest them. Fully admissable.

I can ask you all the questions in the world but unless I have you in custody I don't have to read you your rights. If I have arrested you but I am not asking any questions then I don't have to read you your rights.

If you sat in the back of my patrol car and talked about what you just did (a lot of people do this) I just sit up front and write it all down. As long as I don't ask any questions you can talk all day long without hearing your rights. What you say on your own is called "spontaneous statements."

Answer 8

Only if they find it necessary to question him regarding a crime. Other than that...nope. That 'constitutional rights advisement' stuff is alot of TV malarkey.
A simple arrest requires no advisement of rights and the only time i did was questioning before an arrest for a felony and arrest after a felony if i was going to interview you.
For a simple breach of peace or something cheap? Here...sign the right's form (has all of that printed on it). You don't want to sign? Good...no big deal to me.

Constitutional rights are NOT required with each and every arrest.

Answer 9

no longer unavoidably. there's a golden formulation that is going into Miranda. it really is law enforcement officials+Custody+questioning=Miranda. What this suggests is in simple terms because I arrest you does no longer unavoidably advise I definitely could examine you Miranda. also, some circumstances I definitely could examine you Miranda formerly you're arrested. truly questions could be requested of you with assistance from police or questions requested of you with assistance from someone who isn't police yet asking the question because they were solicited with assistance from the police to finish that and also you may be in a situation the position you at the instantaneous are not free to go away. in case you at the instantaneous are not free to go away and someone asks you questions and the police are present day (alongside with a shoplifting incident) even if the police have not requested the questions and performance no longer solicited the inquiries to be requested you do not could be examine Miranda and the police can rfile your solutions to those questions. yet, if as i think, you've been arrested and the police did not examine you Miranda proper even as they were handcuffing you (as is so oftentimes executed on television) then no they did not. On television they do it even as they throw on the cuffs to cut back airtime on the printed and flow the plot alongside yet lots of the time Miranda will be examine to you on the station.

Answer 10

Ok, NO, no one has to be read any "rights" when they are arrested, only read the rights when they are questioned.

This is a very misunderstood thing, you see on TV, reading rights has nothing to do with getting arrested, it only comes when they question a suspect, ( not even questiong witness, if the witness turns out to be a suspect latter.

So no the police do not real anyone thier rights when arrested only before questioning.