How Miranda Rights Impact Juvenile Defendants: What Parents Should Know

Was your child recently arrested in Wisconsin? If so, you should know that the law provides additional Miranda rights protections to juvenile defendants. Here’s what you need to know about how that can affect their case.

Understanding Miranda Rights

Miranda rights refer to a specific set of rights enjoyed by criminal suspects and defendants, identified in the U.S. Supreme Court case Miranda v. Arizona. In Miranda, the Supreme Court ruled that when police detain or arrest and question an individual, they must advise that individual of specific rights before questioning to allow them to make an informed decision about whether to answer questions. Although police do not need to use specific words when advising suspects, warnings should sufficiently advise suspects that:

• They have the right to remain silent, which means they do not have to answer the police’s questions about a criminal case
• If they choose to answer questions or provide statements, prosecutors can use anything they say in court
• They have the right to consult an attorney before questioning and to have their attorney present during questioning
• They have the right to a court-appointed attorney if they cannot afford to hire private counsel

These warnings remind suspects that they do not have to speak to the police and can seek legal advice before deciding to submit to questioning or provide a statement.

Can Juveniles Waive Miranda Rights

Courts have ruled that juveniles can validly waive their Miranda rights and answer the police's questions, with their responses or statements becoming admissible in court. However, because juveniles' lesser education or maturity can make understanding their rights or the consequences of waiving them challenging, courts must evaluate a juvenile's waiver under various circumstances to determine if a juvenile made an intelligent, voluntary waiver. These factors include:

• The juvenile’s age
• The juvenile’s intelligence, as assessed by their academic performance, IQ scores, job history, etc.
• The juvenile’s experience with the criminal justice system, including whether they have previously given a valid waiver of their Miranda rights
• Whether a juvenile made a waiver under advice from a parent/guardian or an attorney

What Should Parents Do After Their Child’s Arrest

When police arrest your child, steps you should take to reserve their rights and options include:

• Advise them to remain silent until an attorney arrives
• Request the police not to question your child until you’ve obtained legal counsel
• Contact a juvenile defense attorney

Contact a Juvenile Crimes Attorney Today

Don’t let your child face the criminal justice system alone. Talk to a juvenile crimes attorney to learn more. Contact Cohen Law Offices, LLC, today at (715) 514-5051 to discuss your family’s options with experienced legal counsel.