The Fifth Amendment to the US Constitution protects the defendants from self-incrimination by granting them Miranda Rights. Under the amendment provisions, law enforcement must issue warnings to the defendant and inform them about their Miranda Rights before interrogating you. The law allows you to remain silent during the interrogation to prevent self-incrimination.
However, this doesn’t mean that you’re entirely free to leave. If the authorities don’t comply with the Miranda rules, the prosecution can’t use any evidence obtained during the interrogation later in court.
Special Considerations for Minors
The violations and concerns regarding the Miranda Rights are more critical when it comes to minors. This is because children and minors don’t know how the criminal justice system works. They’re neither aware of their legal rights nor how to deal with the police. Minor and children can also be easily intimidated by any form of psychological coercion used by the law. This is why the judge needs to make sure that the minor understood their Miranda Rights and the surrounding circumstances.
Questioning In Schools
When the police authorities question students in school, the situation is considered custodial interrogation, and Miranda rules apply. On the other hand, if the school administration is interrogating the suspected minors, the same restrictions don’t necessarily apply. However, in both cases, the student doesn’t feel that they can leave the setting.
The underlying offense also has an important to play. If the minor is being questioned regarding a breach of school discipline or safety, the school administration doesn’t need to read out the Miranda warnings. Simultaneously, if the administration is assisted by law enforcement and a juvenile criminal proceeding is going on, the rules must be readout.
When Can Miranda Rights Be Waived?
After a minor understands their Miranda Rights, they can waive them. In this case, the court will scrutinize the issue far more carefully than an adult waiving the rights. The prosecution must prove that the minor waived the rights intelligently, knowingly, and willingly. The judge will also consider the minor’s age and intelligence before accepting the waiver. Other factors include the time and day of the interview, the minor’s previous interactions with law enforcement, and their emotional state at that time.
If you feel like your child’s Miranda Rights weren’t properly honored while the investigation, you can take up the matter with the court. Meanwhile, a bail bond agency like DeLaughter Bail Bonds may help you get them out of jail. We are offering 24-hours bail bond services in Indiana.