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North Carolina Juvenile Law| Understanding how new changes to Miranda Rights will effect Juveniles by Moseley Matheson
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North Carolina Juvenile Law| Understanding how new changes to Miranda Rights will effect Juveniles by MOSELEY MATHESON
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| Article Posted: 09/27/2012 |
| Article Views: 420 |
| Articles Written: 183 - MORE ARTICLES FROM THIS AUTHOR |
| Word Count: 649 |
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North Carolina Juvenile Law| Understanding how new changes to Miranda Rights will effect Juveniles |
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Law
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When being arrested in North Carolina, or anywhere in the United States for that matter, if is necessary to understand the importance of your Miranda Rights. As a Raleigh Criminal Lawyer and Durham Criminal Defense Lawyer, I have had many clients who have inquire about their http://www.amazines.com/article_detail.cfm?articleid=3320063>Miranda Rights. They often wonder what it means if they were not Mirandized during their arrest for a North Carolina Crime. It is commonly misunderstood when a person’s Miranda Rights come into play. Especially now with a new Supreme Court ruling, knowing when you are suppose to be read your Miranda Rights for a North Carolina Misdemeanor, North Carolina Felony, or a similar charge will be even more confusing. To start, you need to know what a “Miranda Warning” means and says: “You have the right to remain silent, anything you say can and will be used against you in a court of law, you have the right to an attorney, if you cannot afford an attorney one will be appointed to you. “ However, knowing your Miranda Rights is not enough. It is equally as important to know when they actually apply. It is only required that a person be read their Miranda Rights when in police custody and being interrogated/questioned. What this means is that being arrested is not cause for being read the Miranda Rights. Only when the police begin asking you questions after being arrested must they first read you your Miranda Rights. Identifying an interrogation is pretty straight forward, either the police are asking you questions, or they are not. Where there is confusion is the definition of “being in police custody”. There is caselaw that is in place to help guide the Police in determining when a person is in fact in custody. But nothing is quite that simple. The courts state that an arrest occurs when, considering the 'totality of the circumstances a reasonable person would not feel they could leave.' In a circumstance where a person is handcuffed by the Police and put in a police, a reasonable person would clearly understand that they were no longer free to go. However, as expected, not all instances are so black and white. What if you’re just surrounded by officers who are questioning you? Are you in custody then? It is this gray area where most people have confusion. Unfortunately there are no clear definitions in these types of cases and while many have challenged these types of detentions, most of the time these cases are resolved individually. Where the change to this law occurs is when it applies to a Juvenile and how the ‘reasonable person standard’ applies to young people. It uses to be that an Officer did not have to consider a person’s age or mental capacity when putting them under arrest for a crime. However, under the United States Supreme Court decision of J.D.B. vs. North Carolina, it was determined that a suspects understanding of a circumstance does depend on age and mental capacity. Therefore an Officer must take into consideration the age of a suspect when deciding whether they should Mirandize them. Particularly in a school setting, this will cause challenges when situations arise that involve the questioning of Juveniles. If you, or a loved one has been charged with a crime in North Carolina, contact a local Criminal Defense Attorney for advice on your particular case. Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.
Related Articles -
juvenile defendants, juvenile miranda rights, miranda rights, miranda warning, reasonable person, arrest, interrogation,
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