Legal Question in Criminal Law in Minnesota

Re: unlawful detainment of a minor

Although you may have many defenses, the reasons you state would not in and of themselves support a dismissal:

1) no miranda rights were read.

Miranda rights never have to be read. They are only necessary if there is a custodial interrogation. If they are not read any evidence adduced as part of the interrogation (usually statements) may be suppressed. The case is not automatically dismissed.

2) person was a minor who was detained in an adult jail.

This has nothing to do with whether probable cause exists to charge out the crime.

3) juvenille facilty was available.

Again, this has nothing to do with the underlying charge.

4) minor heard police officer say,''I screwed up on my math'' about minors age.

See answer above.

5) police officers were told that juvenille's mother was inside building next to where car was pulled over at and wasn't immediately notified until after minor was already in jail.

A defendant, even a juvenile, may be detained for investigation or questioning and there is no right to have access to a parent

6) reason car was pulled over was because of a false report of a hit and run accident.

The fact that the report was false does not matter. It only matters that the officer has reasonable suspicion to believe that a crime may have been committed to stop the car.

7) arresting officer later came back to pick up citation given, because person can't be charged with those charges being a minor

If the charges cannot be filed on a minor, they will be dismissed. However, this is a dismissal without prejudice. New charges maybe refiled if there is probable cause for the offense.