Legal Question in Criminal Law in California
My son(14) was riding his off road motorcycle on the street. An officer attempted to pull him over,he tried briefly to out run the officer. Fortunatly my son stopped on his own after about a mile.He was arrested. The officer asked him several questions about him knowing the legality of what he was doing.We were contacted to come pick him up. At the police station my wife asked if our son was read his miranda rights,or offered the oppertunity to have his parents present to answer any questions. The officer replied no. At this point the officer read the miranda rights.My son has never had any troubles with the law and is B studunt at school.What would you expect may come of our situation.
3 Answers from Attorneys
Evading the police is a felony, and you're lucky the cop didn't decide your son was trying to run him over, or they would have given him back to you with a bunch of bullet holes in him. As with any serious charge it would behoove you to get him a lawyer. Maybe they will charge him with a "strike" or a felony that can't be erased from his record.
I think the Miranda warnings are the most understood section of criminal defense law, and I think it occurs because of its misuse in a lot of TV shows and movies.
Miranda warnings do not have to be given before someone is taken into custody. They must only be given before custodial interrogation. Thus, a failure to give the Miranda warning will not invalidate an arrest, it would only later exclude statements your son made while in custody, prior to any Miranda warnings being given.
Expect? Criminal prosecution for a misdemeanor or felony, depending upon the facts and the DA's attitude towards this. What can you do? Defend the criminal charges, just like every other defendant has to do. Go to court, enter your not guilty plea if appropriate, arrange bail or OR, set up and attend your court hearing[s] and trial date, file your motions as applicable, go to trial if you can't resolve it with a plea bargain. You can raise all your defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for plea bargaining or at trial. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does. If serious about doing so, feel free to contact me.
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