Legal Question in Constitutional Law in Oklahoma

meranda rights for a minor

My son was aressted for obstruction,for aguing over if he was jumping with intent to break a log, he was bouncing on it. he was not read his full meranda rights that state he could have parent present during questioning.I'm very angury over this and want ot change this practice in this town ,If a good kid gets in trouble would never know what was suposed to be read to him.


Asked on 6/10/07, 1:10 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: meranda rights for a minor

What matters isn't so much whether an arrestee knows what the police are supposed to do but rather whether a failure to follow proper procedure will harm his interests. This is important because violating Miranda has consequences which favor the defendant.

If the court finds that your son was questioned in a way that violated Miranda then his answers to those questions will not be admissible against him. Any evidence the police or prosecutor obtain as a result of those answers will also be inadmissible unless the state can prove it would have inevitably found this evidence anyway.

In other words, if the court agrees that the police violated Miranda then the information they obtained by means of that violation can't be used against your son.

Read more
Answered on 6/10/07, 6:37 pm


Related Questions & Answers

More Constitutional Law questions and answers in Oklahoma