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    Default When Should a Parent be Informed of the Rights of a Juvenile in Detention

    My question involves criminal law for the state of: Idaho
    I have a 15 yr old juvenile son that was arrested and taken into custody 2 wks ago. During the time of arrest I was present and noted with witnesses that the miranda rights weren't read to him ...I didnt receive any court papers..I did not see the warrant papers at that time. The next day I was told he had been assigned a lawyer, 20 min before he had court I was able to quickly meet with her and get a copy of the paper stating what he was being charged with, the judge let her talk with my son who was over the phone for aprox 2min and thats it and the judge ended up saying that he should be held in juvinile detention for 2wks...she didnt meet with him at all during the two weeks...fast forward to now..he had court again yesterday..they released him with house arrest and probation..we met with the probation officier and I was then handed the warrant notice..which states his rights about finding a lawyer and being assigned one etc? This all after hed already been taken into custody 2wks prior?? I was asked to sign a acknowledgement of rights form yesterday as well...with it stating my son and my rights as his parent. It all seems odd that Im getting these papers after weve already been to court ? I know virtually nothing about the court system or my rights or my sons so It really would have been beneficial to have recieved the papers so that I could've read through them earlier...So my question: Am I correct in thinking that I should have received the documents earlier? And if that is the case what can I do to file a complaint to make sure that protcol for things like that are followed like their suppose to be? Thanks for anyone willing to answer...!

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    Default Re: When Should a Parent be Informed of the Rights of a Juvenile in Detention

    Quote Quoting Lissa Tholstrup
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    My question involves criminal law for the state of: Idaho
    I have a 15 yr old juvenile son that was arrested and taken into custody 2 wks ago. During the time of arrest I was present and noted with witnesses that the miranda rights weren't read to him.
    A lot of the public seems to have the idea that the Miranda advisement must be provided to the defendant immediately upon arrest, probably because so many TV shows and movies depict that. But thatís not an accurate impression of the law. Rather, the rule is that a suspect must be advised of his/her Miranda rights when he/she is both in custody and the law enforcement officers are going to question the suspect. If your son was not questioned about whatever it was that lead to his arrest then the Miranda advisement was not required. Even if it was required and not given the remedy for that is suppression of any statements he made during that questioning so it cannot be used against him at trial. It does not require that the charges be dismissed.

    Quote Quoting Lissa Tholstrup
    View Post
    It all seems odd that Im getting these papers after my sons been in custody for 2wks So my question is am i correct in my thinking that I should have received them earlier? And if that is the case what can I do to file a complaint to make sure that protcol for things like that are followed like their suppose to be? Thanks for anyone willing to answer...!
    That depends on the details of Idaho law. Itís not required by the U.S. Constitution or federal law. But it appears he was provided a lawyer so the late advisement about the right to a lawyer didnít result in him having to go without a lawyer. The basic juvenile delinquency process in Idaho is explained here: https://fourthjudicialcourt.idaho.go...e_process.html

    It appears the probation office has a significant role in that process and since it was the probation officer who provided the form with the rights on it perhaps a complaint to the head of the probation office would do so good. Might be good to wait until the house arrest and probation are over, though.

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