QUESTION

Should the police have read Miranda rights to my son who suffer from PTSD?

Asked on Mar 07th, 2013 on Criminal Law - California
More details to this question:
My 17 year old son suffers from posttraumatic stress disorder, mood disorders, and extreme panic attacks. I was concerned that he was not taking his medication and that others were providing him with alcohol and marijuana. I spoke to the doctor at the mental health office, and told her I didn’t know if he would show up for his appointment, but if he did please do not mention going to a hospital as he was having severe panic attacks and a lot of flashbacks that he was getting caught up in. The doctor called the town police and asked them to come over to assist in taking a patient to the hospital. I had no knowledge of this. She, also, stated to my son that he was going to the hospital and he immediately went into protection mode. He went to his car, got in and began to drive out, normally. The town police officer squalled tires, turning on blue lights and sirens and ensued chase. Being in a heightened state of panic, my son didn't stop. He proceeded to speed up and other agencies became involved in the chase: highway patrol, small town officers from next town same county. He flipped the car upside down in a ditch. No other cars were involved and no one was hurt. He got out of the car and tried to run; saw that he couldn't and stood with his hands up. Officers yelled get down on the ground. He responded with yes sir and got on the ground. He was cuffed, placed in the back of a police car and taken to the hospital. No one ever said, "You are under arrest or stated Miranda rights." Because of my son’s health status, a psychiatrist was brought in and he was taken to a mental health facility for treatment for minors and teens. Should he have been told he was under arrest and read his Miranda rights?
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6 ANSWERS

Michael J. Breczinski
They do not have to read Miranda unless he is first arrested and then they want to interrogate him.
Answered on Mar 11th, 2013 at 7:35 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answered on Mar 08th, 2013 at 11:07 PM

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Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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Failure to read rights is not fatal to the whole prosecution. It only means that the prosecutor has to use evidence not obtained through questioning. If there is enough evidence to convict obtained be other means, the failure to read rights is meaningless.
Answered on Mar 08th, 2013 at 9:20 PM

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Criminal Defense Attorney serving Moses Lake, WA
Partner at Patrick O. Earl
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The question of when Miranda Rights attach or not is very complicated and impossible question to answer in this type of forum. It is very fact specific and your attorney will be able to explain this to you better than anyone. If you don't have an attorney GET ONE. I handle all types of criminal offenses, misdemeanor to felony throughout Eastern Washington state so if I can be your attorney contact me.
Answered on Mar 08th, 2013 at 1:38 PM

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John J. Carney
You are thinking that the Miranda Warnings are going to help your son but they only apply if he was questioned in custody. He made some very bad decisions here and you should retain as good criminal lawyer to handle the case.
Answered on Mar 08th, 2013 at 1:38 PM

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You watch too many movies. Miranda only has to be read after someone is arrested (ie. cuffed), and only if there is post-arrest interrogation. Most cops are trained to get everything they need from the suspect's mouth prior to cuffing, so Miranda rarely applies.
Answered on Mar 08th, 2013 at 1:37 PM

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