10 yr old son arrested in florida

[Soyogirl]

What is the name of your state?Florida My son was arrested on Valentine's Day, hand cuffed and booked as an adult for aggravated assault with a deadly weapon (switchblade). Never read his miranda rights and never recieved both sides of the story, he is currently on house arrest with voice recognition. never in trouble before and to top it off his name was printed in the paper along with his address. is this legal?

 

[HomeGuru]

What is the name of your state?Florida My son was arrested on Valentine's Day, hand cuffed and booked as an adult for aggravated assault with a deadly weapon (switchblade). Never read his miranda rights and never recieved both sides of the story, he is currently on house arrest with voice recognition. never in trouble before and to top it off his name was printed in the paper along with his address. is this legal?

**A: ok, what was the story of the police and what was his story? Due to privacy issues and him being a minor, his name should not have been published in the paper.

 

[Son of Slam]

This would be a bad time for his voice to change. Keep the spankings comming.

 

[zappy]

so where is his lazy azz daddie?

 

[stephenk]

if he was convicted as an adult, I believe the privacy issues of a minor no longer apply. What was he convicted of? Was he convicted as an adult?

There is no need for miranda rights if he was not questioned by the police.

 

[Bravo8]

I agree with stephenk......if he has been charged as an adult, he can be treated as an adult, including losing those "privacy" issues.

 

[Kaz the Minotau]

The police don't always have to "read someone their Miranda rights" contrary to what the TV shows portray. What is the police side of the story?

 

[DRN]

If they are arresting someone, yes, they are obligated to give Miranda warning. Or they can have any incriminating statements made by the defendant suppressed at trial. Your choice.

 

[Kaz the Minotau]

If the police do not ask the defendant questions then Miranda isn't necessary.

 

[loocpoc]

Questioning + Custody= Miranda

Thats the formula that is needed forreading Miranda. If he was never questioned than no need for Miranda. If he were questioned he would need have the right to have the Miranada warnings read in front of both a lawyer and parents.

 

[DRN]

It doesn't apply only to right to remain quiet. Right to an attorney. Right to have attorney appointed. Do you understand these rights.

Seems to make sense to give the warning anyway, whether the cop plans to question or not. Covers all bases and the cop wouldn't have to lie under oath at a Huntley hearing.

 

[Son of Slam]

If the cop can't remember how to say it, they have a little card he can read.