Does not reading Miranda rights affect my son's underage drinking arrest?

Full question:

My 17 year old son was arrested for underage consumption of beer. He was never read his rights when they took him to the station in their patrol car. Does that matter? He told me this as soon as I picked him up that night.

  • Category: Criminal
  • Subcategory: Minors
  • Date:
  • State: National

Answer:

Miranda warnings inform a person of their rights when taken into custody. These include the right to remain silent and the right to an attorney. Police must provide these warnings after an arrest and before any questioning. If your son was not given a Miranda warning, any statements or confessions he made could potentially be excluded as evidence in his case.

While the absence of Miranda warnings can impact the admissibility of statements, it does not necessarily affect the legality of the arrest itself. The police can still arrest someone for underage drinking even if they did not read the rights.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

You cannot typically sue solely because a police officer did not read you your Miranda rights. The failure to provide these warnings may affect the admissibility of any statements made during interrogation, but it does not invalidate an arrest or lead to a civil lawsuit. However, if the lack of warnings resulted in a violation of your rights that caused harm, you might have grounds for a lawsuit. It's best to consult with an attorney for specific advice regarding your situation.