You’ve likely heard it on TV while watching your favorite crime drama—“You have the right to remain silent. Anything you say can and will be used against you in a court of law…”—but how does this warning relate to juveniles under arrest?
Miranda warnings are a powerful protection against self-incrimination when someone is under arrest, but as minors, juveniles are not often aware of their rights in the face of an arrest, which can be problematic.
Understanding Miranda warnings is crucial to ensuring that juveniles are protected during an arrest or interrogation by law enforcement. Our attorneys outline what you should know.
The Importance of Miranda Rights to Protect Against Self-Incrimination
In 1966, the Supreme Court case of Miranda v. Arizona declared that any person taken into custody must be advised of their right to remain silent and that anything said can be used against them in court.
It was established that this warning must be given before any interrogation taking place for a statement made by the suspect to be admissible as evidence. This has become known as “Miranda Rights” or “Miranda Warnings” and applies equally to juveniles as well as adults when they are taken into custody or put under arrest.
Miranda rights are read to defendants who are in police custody at the time of their arrest. These rights outline:
- The person under arrest is not required to talk to the police.
- The person under arrest is allowed to speak with an attorney before, during, and after a police interrogation.
- If they don’t have access to an attorney, one will be provided for them.
At the time that Miranda rights are read, the person under arrest is given the option to waive these rights or not. Generally, adults under arrest understand what is happening at the time of arrest and that if they decide to waive their rights, and speak with police without an attorney present, it was not involuntary or coerced.
But what happens when a juvenile is arrested? Are they protected under these same rights and do they fully understand what is happening?
Miranda Rights and Juveniles
Regrettably, Miranda rights are frequently waived by minors, usually because they are unaware of their rights or because their rights were not adequately explained.
Some studies show that juveniles waive
their Miranda rights at a rate of 90%
When a juvenile is arrested, they need to understand their rights under the law. They might waive their rights due to several factors:
- They are intimidated by police officers and feel compelled to waive their rights.
- They have faith that the policeman is looking out for them.
- They are unaware of the repercussions of making a statement in the absence of a guardian or attorney.
- They believe they are innocent and that giving a statement will not harm them.
The repercussions of a juvenile giving up their rights and speaking to the authorities, particularly if they admitted to a crime, can be severe. It is crucial that everyone is aware of what the “right to remain silent” entails so that no one feels obligated to answer questions from law authorities.
For a young person, this might be challenging since they could be fearful after being arrested and give answers before fully considering the consequences. This is what we are here for. We will uncover if the police officer properly read your child their rights and if they were coerced into a confession.
Implications for Juveniles in Florida
When a juvenile is in court in Florida, before any confession is admissible, the judge will look at certain factors regarding the confession, including:
- Did the police properly read the juvenile’s Miranda rights? Did the officer try to trick the minor into confessing?
- Was a parent, guardian, or lawyer present when the minor’s rights were read?
- Where did the juvenile confess?
- Before confessing, was the minor encouraged to sign a written waiver?
All of these factors can have a significant impact on a case’s outcome. An experienced defense attorney will review the facts surrounding a minor’s confession and determine whether there are Miranda warning-based legal issues that can be used as evidence to defend your child.
Read More > When Are Juveniles Charged as Adults in Florida?
Experienced Juvenile Representation
If your child has been arrested or charged with an offense and waived their Miranda rights, our attorneys at Stechschulte Nell are ready to advise you. As parents ourselves, we will do everything we can to get the best outcome for your child.
Contact our law firm at 813-280-1244 to speak with an experienced defense attorney or request a case review. We are on your family’s side and will do whatever it takes to mitigate the charges your child is facing.
