Legal Question in Criminal Law in Virginia

Criminal Law Procedures

My son was arrested as a juvenile (17 years old) and subsequently tried and convicted as an adult for use of a firearm in commission of a felony and attempted robbery. When he was originally arrested (we took him to the police station when we were informed of the juvenile petition) the detective then took him into an interview room where he was mirandized. My question....in the state of Virginia are the Miranda Rights different for juveniles and adults? For instance, as a juvenile in some states part of the miranda rights is that he has a right to have a parent, guardian or custodian present during questioning. Having read a transcript of what was said in the interview room, this was not part of the miranda rights that was read to him. Is there any violation here?


Asked on 1/12/07, 8:50 am

1 Answer from Attorneys
Charles Homiller Jimison/Homiller, PLC

Re: Criminal Law Procedures

There is no requirement that a parent be present in order for police to question a juvenile. The lack of parental involvement maybe a factor that can be used to contest the voluntariness of a confession that is given, but by itself will not invalidate the incriminating statements.

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Answered on 1/12/07, 8:55 am


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