miranda rights of my son

[saknwhyz]

What is the name of your state (only U.S. law)? wisconsin
ok i am the father of a 14 yo boy who has had a couple of brushes with the law. first was he had a fight in school of which he was suspended for, during the investigation the school liason officer(real police officer not a rent a cop) questioned him. the officer did not read him his rights but did question him. the day after my wife and i had a meeting with the principal, vice principal and the officer. during the meeting i expressed my concern about my 14 y/o son not having the ability to understand his miranda rights and that in the future the officer was not to question my son without a parent present.
now 2 months later i get a call from the officer tell me he questioned my son concerning an event that my son was involved in 5 months ago.the officer stated he read my son his rights and my son waivered them the questioning was taped. i asked my son about it he stated that the officer removed him from his lat hour class 10 minutes before the end of class. my son rides the bus to school he has 9 minutes at most after the last bell to make it to the bus or he misses it and will have about a 1.5 hour wait for a ride home. now question did the officer violate my sons miranda rights. he knew before he questioned my son that my son was unable to understand his rights.he also knew before he questioned my son that i wanted to be present dureing any future questioning.

 

[justalayman]

from what you stated he did not violate his miranda rights. If he did, then any information obtained after such time they were required is subject to being suppressed at any court event.

and you have no rights to demand you are present at a questioning.


If your child tends to get into a lot of trouble, you would do well by teaching him the words; I have nothing to say without an attorney present.

 

[The Occultist]

If your child was not read his Miranda rights, then anything your son said can not be used against him in a COURT! Seeing as how everything seems to be taking place outside of the court, it sounds like Miranda rights are completely irrelevant to your son's situation.

 

[JETX]

The issue of 'Miranda' rights for a minor being questioned is not really clear.... as it depends on the SPECIFICS of the circumstances. Based solely on your post, and the absence of any subsequent 'charges' being mentioned, the 'missing' Miranda would not be relevant as it would only arise if an arrest were made subject to the statements being made.

As long as the scope of the questioning is for interview (investigation) purposes, then they can ask whatever they want. Once a juvenile is placed in custody and accused of a crime, he has rights similar to those set forth in Miranda v. Arizona. In that case, a juvenile has a right to have his parents present during questioning as well as a lawyer.

In 2005 the Wisconsin Supreme Court was asked to adopt a rule that police must permit a juvenile to contact a parent or other interested adult prior to custodial questioning. While the court declined to adopt such a rule, it clearly stated that, "the failure to call the parents for the purpose of depriving the juvenile of the opportunity to receive advice and counsel will be considered strong evidence that coercive tactics were used to elicit the incriminating statements."

But the juvenile court is still required to examine what lawyers call "the totality of the circumstances" of the juvenile's waiver of his right to remain silent (or have a lawyer present) before deciding whether your kid's statements can be used in the state's case in chief.