Q: If my son was charged for a crime but upon being picked up he wasn't ready any rights is that proper arrest
He was on house arrest for other charges and was told he was going to get fingerprints and be released to me.i was on the phone when they told him this so I agreed but then they kept him and charged him for something else but he wasn't aware or read any rights.he also has a mental disability.i feel they tricked me and him to get him to go willingly with them.they told me on the phone to meet them at the court to pick him up after fingerprints were done for this other charge but I got there and he was going before a different judge that wasn't juvenile and they kept him.he was confused and so was i.he had no idea what was going on and they didn't tell me until days later.i believe they did this to get more on him because the judge in juvenile only gave him a ankle monitor because no crimes had weapons involved but this new one has a suspect with a bb gun and he was at his girlfriend house in the area.they even did a improper search at her house,he doesn't live there .
A: In NY, the police need not administer Miranda rights until he is actually arrested. Often, they will delay a formal arrest of a target in order to interview him, raising the potential suppression hearing issue that the defendant was in actual custody, not just being interviewed. Consult a criminal attorney if your son does not have one yet.
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