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miranda rights and minors

Can Police Officers Question Minors Without Parental Consent?

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Most people recognize the fact that anyone under the age of 18, is a minor. Asa a minor, a person doesn’t have either enough knowledge or life experience to make good decisions on their own. That is why kids are considered to be under the protection of their parent or legal guardian. The minor’s parent is responsible for ensuring the child’s safety and well-being. If the minor gets into any trouble with law enforcement, the child is usually returned to their parents.

However, something that can cause some confusion is whether or not police officers need to consult the parent before questioning the child. After all, the child is a minor and may say something that could incriminate him or herself without realizing it. The minor may not even understand what Miranda Rights are, which can present a problem for them.

What Are Miranda Rights?

Most people know what there Miranda Rights are, whether or not they know that they know them, thanks to television. If anyone has ever watched a crime drama, then they have likely seen a character get arrested. When that happens, the officer “arresting” them reads of their Miranda Rights. This is the whole “You have the right to remain silent” speech the TV show officers give.

The full Miranda Warning is typically read as follows:

    “You have the right to remain silent. Anything you say will be used against you in a court of law. You have the right to have an attorney. If you cannot afford one, one will be appointed to you by the court. With these rights in mind, are you still willing to talk with me about the charges against you?”

After these have been read to a person, he or she can either begin to answer the questions, or remain silent.

While television doesn’t always give an accurate representation of everything that they portray, they do provide basic knowledge. For instance, despite what is shown on TV, Miranda Rights do not have to be read right when a person is arrested. They just have to be read before the person is interrogated. Thanks to Miranda Rights, when a person is arrested, they have the right to remain quiet without fear of additional punishment from law enforcement officers.

The Miranda Rights come from the court case Miranda v. Arizona (1966) where it was determined that Miranda’s Fifth and Sixth Amendment rights were violated during his arrest and trial. After the case, Miranda Rights were established in order to protect the rights of arrested individuals.

Officers Questioning Minors

When it comes to dealing with minors, for the most part, law enforcement officers have to go through the parents first. However, parents or guardians are not always with their children. Here in California, officers have to read a child their Miranda Rights the minute they take a minor into custody. A minor is considered to be in custody when:

  • He or she is deprived of their freedom.
  • The minor has reasonable belief that he or she cannot leave.

Once a minor is in custody, he or she can waive their Miranda Rights, but it must be done voluntarily. For the waiver to be considered voluntary, the officers could not bribe the minor into giving up information, nor could they threaten the minor. Any minor under the age of 15 cannot waive their Miranda Rights until after they have been consulted by a lawyer.

If a minor is not being arrested or detained, officers can still question him or her if they have reasonable suspicion that criminal activity has taken place. This can be done without consent or permission from a parent or legal guardian. Officers can also ask minors general questions when the child isn’t suspected of a crime and might have just been a witness instead.

Make Sure Minors Know Their Rights

When it comes to the law, minors are expected to protect their own rights. Parents are not guaranteed any right from the US Constitution to be present if and when their child is interrogated. Therefore, it is up to the parent to ensure that their child understand what their Miranda Rights are. If a parent does that, then their child will be less likely to accidentally incriminate themselves if they are ever interrogated.

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Understanding the Miranda Rights

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The right to remain silent and the right to have a lawyer represent you are two rights every arrested person has. These are the Miranda Rights, which the police are required to read to every person that’s arrested.


The Miranda Rights are named after Ernesto Miranda, who was arrested in the 1960s and accused of kidnapping, rape, and robbery. During his trial, it was revealed that the police used intense and intimidating interrogation methods to lead him to confess. The court found this unjust and unfair, so his conviction was overturned. After additional evidence and eyewitnesses, he was eventually found guilty once again.

Miranda’s case, along with another in the 1960s, Escobedo vs. Illinois, brought about the Miranda Rights. The defendants in both cases were unaware of their full rights: the right to remain silent until their lawyer was present, and the right to have a lawyer during interrogation.

If a defendant is unaware of these rights, then they are more likely to offer a confession, whether or not they are truly guilty of the crime they are being accused of. In addition, without a lawyer, the police may use intimidating interrogation methods in order to force a confession. The suspect would give in, for they have no lawyer present to help fight back and protect them.

It is the suspect’s best interest to have a lawyer. If they can afford a private attorney who can specialize in the defendant’s case, they should go with that option. A private attorney will have more time to spend on the defendant’s case. In return however, they can be costly to afford. If the defendant cannot afford a private attorney, the court will appoint one to them. Court-appointed lawyers are neither ill-prepared nor unqualified, but they do tend to have more cases and clients to take care of than a private attorney. Thus, they must split attention and efforts across their multiple clients.

If your loved one has been arrested, the police will read them their Miranda Rights. It is very unlikely the police will neglect or forget to do so but in that small chance it happens, you can use that oversight as leverage. Make sure your loved one is aware of their rights, and from there take it one step at a time to get your loved one home and through trial.

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Why the Miranda Rights are Imperative to the Justice System

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When a person is arrested, they are Mirandize, which means they are verbally reminded of the following rights:

  • The right to remain silent.
  • The right to a lawyer.

These Miranda Rights must be read to each arrestee these days to remind them of these rights, avoid false confession, and avoid self-incrimination. Half a decade ago, this was not a requirement of police officers. During this time, some confessions were questionable. Were they actually false confessions? Did a suspect finally confess to a crime because he or she just wanted the berating, annoying, seemingly non-stop interrogations to end? Possibly.

The case that the Miranda Rights bares its name from is the 1966, Miranda v. Arizona. A man by the last name of Miranda was arrested for the kidnapping and rape of a woman. The evidence was circumstantial at best. Yet, after hours of interrogation without a lawyer, he confessed. It was later revealed that Miranda was not informed he had a right to counsel and a right to remain silent. He was still convicted of the crime. This situation was brought to the Supreme Court and from there, the Miranda Rights were mandated.

So, all arrestees have the right to remain silent and the right to a lawyer. Most arrestees will have the right to bail, which is determined at arraignment.

Those who do have the right to bail are encouraged to contact San Bernardino Bail Bond Store online or at 866-736-6977.

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Know Your Rights When You Are Arrested

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Back in 1966, the Miranda Rights did not exist. That means the police were not required to tell arrestees that they had the right to a lawyer and the right to remain silent. Some defendants would confess to a crime they did not commit because they were simply tired of the questioning, which could have included tactics that are considered antagonizing. These are false, coerced confessions.

Finally the law changed, and the Miranda Rights were introduced to prevent those kinds of confessions and to enlighten defendants of their full rights.

Most defendants also have the right to bail, but some are not so lucky since a judge can deny bail to defendants who are accused of heinous crimes or are considered especially dangerous.

Upland Bail Bond Store will help protect your right to bail. So if you, or a loved one, needs a bail bond, has questions regarding bail bonds, or would like to start with a free consultation, please reach out to Upland Bail Bond Store.

You can reach a professional online, or at 866-736-6977 .

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To Be Mirandized

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When someone is Mirandized, it means that they have been arrested and given their Miranda Rights. We are sure you have heard of Miranda Rights at least once or twice on television. They go along the lines of: “You have the right to remain silent. Anything you say, can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be appointed to you. Do you understand these rights as I have read them to you?”

At that point, the arrestee must answer with a verbal yes or no.

The purpose of this is to remind arrested individuals of these very protective rights that they should use to their benefit. These are their rights, so they are not taken advantage of by investigators.

Before the Miranda Rights were ever in place, defendants didn’t know that some things they said would be used against them, or they didn’t know they could get a lawyer. Some investigators were pretty harsh on their suspects, mentally torturing them until the suspect confessed to the crime called a coerced confession, and in some instances, it was a false confession. These were incredible violations, and thus, the Miranda Rights were introduced.

Every person who is ever arrested must be read their Miranda Rights, even if they already know them. If the arresting officer fails to read these rights to the defendant, he or she can use this to his or her advantage.

If someone you know has been arrested and has gone through this stage already, and you are looking to help bail him or her out of jail, please contact San Bernardino Bail Bond Store. We will help you help your loved one get out of jail with a bail bond.

We can be reached 24/7 online, and at 866-736-6977 .

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The Police Will Arrest You, And Protect You

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It’s hard to believe that in the moment a person is being arrested by the police, the police are also reading them Miranda Rights to remind them of their rights so they can protect themselves from the police and prosecution later on, so they are not taken advantage of.

The Miranda Rights says that an arrested person has the right to remain silent, meaning they do not have to answer any questions they do not want to. They also have the right to an attorney if they wish to hire one. If they cannot hire one, one will be appointed to them to represent them in court – and make sounder judgments and advice.

The police must read all defendants their Miranda Rights – not every arrestee may know that they have these rights. Historically, defendants would admit guilt to a crime out of coercion by prosecution and investigators – and it could be a false admission. They would just admit to a crime to stop the hard interrogation methods.

But as much as you might think the police are only “out to get people,” they still are out to PROTECT people, including those who they arrest.

And we at San Bernardino Bail Bond Store are here to help arrested individuals protect their rights too, their right to bail. Learn more about bail bonds and how they can get you, or a loved one, out of jail.

Speak with one of our friendly and professional reps online or at 866-736-6977 .