When minors get arrested, do they get Miranda rights read to them?

Question

What says the law?

Answer 1

As a juvenile probation officer, I get to interview juveniles after they've been arrested. Before I start the actual interview, I read their rights to them, letting them know that they have the following rights: (I'm at home and don't have the paper in front of me, it's the middle of the night, and I just can't sleep, so hopefully I've remembered all of them.)

1) The right to know the nature of the allegations against them
2) That I will make a recommendation on whether a petition should be filed (go to Court), informally adjust the case, refer the child to another agency, or to dismiss the case
3) The child has the right to not speak to me about the case, and the right to stop talking at any time
4) The child has a right to an attorney. If the child cannot afford an attorney, one will be appointed for them if they request an attorney
5) That the parents or guardians of the child have the right to controvert any order requiring them to pay for any services that would be ordered for the child or parent/guardian

Since I have to read the police reports, I know that the five police agencies that serve our county all read the rights to the juvenile before they question a juvenile. Basically, they tell the juvenile and his/her parents that the child has the right to remain silent, to stop talking at any time, to speak to an attorney before speaking to the officer, and that, if they cannot afford an attorney, one will be appointed for them.

In addition, I know that the detectives in our county give the juvenile and the parents a chance to talk privately before questioning the juvenile.

That doesn't mean that an arrest gets thrown out if the rights aren't read to the juvenile. Rights only have to be read IF the juvenile is questioned. If the officers don't question the juvenile, and simply arrest the juvenile because of an alleged offense, the arrest is still valid. Rights only need to be read if the police officer or probation officer is going to question the juvenile.

For example, if the officer sees that the juvenile has possession of marijuana, he can arrest the juvenile without questioning. Same thing for Operating While Intoxicated, or theft, or any other charge.

Answer 2

A juvenile gets his Miranda rights read to him just like everyone else. And no, his parents do not have to be there for the questioning.

Answer 3

If minors are interrogated, they get Miranda rights plus other rights read to them. Minors are informed that not only do they have the right to an attorney, they also have the right to have their parents present. In addition, interrogation must be in the presence of a juvenile officer in most states.

Answer 4

Arrested is arrested...you get Miranda read to you.
As a juvenile, there are other policies and procedures
that must be followed as well.

Answer 5

Not necessecarily....

Miranda rights are required only when both these conditions are met:
1. you are in police custody
2. the questions are intended to solicit incriminating information about a crime

So, if you are not arrested, the police can question your involvement in a crime without reading your rights.

If you are in custody, and the questions are not intended to solicit incriminating evidence, no rights are required. (For example, name, date of birth, and other booking questions)

There is not age requirement, these rights apply to everyone.

Answer 6

yes