Social Services Children Legal

The Miranda Rights

The Miranda Rights are a set of statements the police are required to read to individuals before questioning them in relation to any accusation. The Miranda Rights protect an individual against self incrimination by informing them of their rights. The basic statements are: 1. You have the right to remain silent 2. Anything you say can be used against you in a court of law 3. You have the right to have an attorney present now and during any future questioning 4. If you cannot afford an attorney, one will be appointed to you free of charge by the court Individuals with an FASD tend to have a lack of understanding about the legal system and are particularly vulnerable to self incrimination. It is important that an individual with an FASD inform the police of his or her disability and have an attorney that understands the nuances of FASD. One strategy to prevent self incrimination is to have individuals with an FASD carry a card with medical information for the police. Here is an example of the text you might include on the front of the card from the American Bar Association: MEDICAL INFORMATION FOR POLICE I have one of the Fetal Alcohol Spectrum Disorders, a birth defect that resulted in brain damage. If I need assistance, or if you need my cooperation, you should contact the person listed on the back of this card. Because of this condition, I do not understand abstract concepts like legal rights. I could be persuaded to admit to acts that I did not actually commit. I am unable to knowingly waive any of my constitutional rights, including my Miranda rights. Because of my disability, I do not wish to talk with law enforcement officials except in the presence of and after consulting with an attorney. I do not consent to any search of my person or property. On the back of the card, include emergency contact information and the name of the individuals doctor and/or diagnostician. For more information, visit the American Bar Association website. For another example of an FASD medical card, click here.

My older son with ARND got pressured into helping with a robbery. When the two guys and my son were apprehended, the other two blamed the robbery on my son. He readily admitted that he was the main culprit in committing the robbery. He took the full blame when questioned. I have given my son and his younger brother laminated cards for their wallets. We have talked many times about taking the card and house keys, with a reminder not to talk to the police unless I am there and say it is okay. -Brad, parent