Can a minor be questioned by police without their parents or legal counsel? - Lawyers.com
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Can a minor be questioned by police without their parents or legal counsel?

Asked on Oct 06th, 2011 on Criminal Law - Michoacán
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could a minor be questioned without a parent or legal counsel present? My son was and I do not think it is legal.
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Answered on Jun 03rd, 2013 at 1:31 AM
Yes, they can.

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Answered on Jun 03rd, 2013 at 1:31 AM
No.

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Answered on Jun 03rd, 2013 at 1:27 AM
No.

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Answered on Nov 02nd, 2011 at 12:49 PM
Your son needs to consult with an attorney. If the police interrogated your son without following the proper protocol and in a manner that may have violated his rights, it may be grounds to file a suppression motion to strike any of his alleged statements from being admitted and used against him. I'd recommend you retain an attorney on your son's behalf or that your son request a court-appointed attorney if he cannot afford to retain one.

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Answered on Oct 28th, 2011 at 1:21 PM
No. There has to be an "interested adult" present. Any questions and answers I would move to be suppressed.

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Answered on Oct 28th, 2011 at 1:21 PM
No. he is not over 18 and cannot be questioned. You need to hire an attorney and suppress these statements. They were not voluntary.

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Answered on Oct 28th, 2011 at 1:21 PM
Sure. Minors can legally drive a car and if stopped, have to speak with an officer. Other situations and ages may vary.

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Answered on Oct 07th, 2011 at 3:36 PM
It would depend on what he was questioned about. Typically, the police will seek parental permission before questioning a minor.

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Answered on Oct 07th, 2011 at 3:03 PM
Usually not, but that can vary according to the child's age and other circumstances.

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Answered on Oct 07th, 2011 at 1:55 PM
The police can speak to a minor without the permission or knowledge of the parents. The minor would not be entitled to legal counsel unless he was being interrogated while in police custody. If your child has been questioned, speak with an attorney and review the reports of such interviews to see if any Miranda or other violations occur. Keep in mind that not you nor your minor children ever have to speak to the police. If the police come to your home and ask to speak to your child, you can always politely decline and ask them to leave. If the police spot your children in public alone or in school, he is fair game for them to ask him to speak with them. It is up to him in that situation to tell them that he doesn't want to speak with them or at least have a parent or lawyer present.

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Answered on Oct 07th, 2011 at 1:37 PM
Absolutely. If the minor is a witness to an offense, the police can question him at length without permission. If the minor is a suspect in an offense, then he must have his rights read to him but he can be questioned. If the cops have a warrantor otherwise have cause to arrest the minor, he is taken into custody, taken to a judge where he is admonished and the parents are notified, and then the police can question him.

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Answered on Oct 07th, 2011 at 1:19 PM
Yes. There is no right to have a parent present when questioned by the police or school officials or anyone. There is nothing preventing a parent from instructing their children to refuse to talk to the police or school officials or loss-prevention or security guards or mall cops unless/until their parents are there. Anything the child says to these people, including written statements can and will be used against them. The issue of whether the police have to Mirandize juveniles in custodial situations was before the Supreme Court in J.D.P. v. North Carolina. They held a child's age is a factor in the Miranda determination. The issue of whether the police violate a child's Fourth Amendment rights when they seize him and interrogate him was before the Supreme Court in Green v. Camretta. It was decided to be moot. Remember: Unless you are a lost six year old, the police are NOT your friend. The police are not there to help you.

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Answered on Oct 07th, 2011 at 1:01 PM
Depends on how old. If they are seventeen they can be questioned but younger than that they should get a parent or guardian.

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Answered on Oct 07th, 2011 at 1:01 PM
Yes. It is legal. They are required to contact a parent. But they can begin questioning him.

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Answered on Oct 07th, 2011 at 12:40 PM
Police must notify a person of their Miranda rights before taking them into custody or interrogating them. The same rules apply when the situation involves the questioning of minors. However, the police must take a person's age into account when determining whether the circumstances of a case merit a Miranda notification. Because of their relative immaturity and lack of experience, children cannot be viewed simply as miniature adults. A minors' comprehension of their situation may differ from that of adults their understanding of when a questioning constitutes custody will also differ. Minors may experience more acquiescence to authority, and so may require Miranda notifications in situations that would not trigger the Miranda requirement for adults. Therefore, the police may question a minor without parents or lawyer present if it is not a custody situation or if knowing the age and maturity and experience in deciding if the minor understood his rights.

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Answered on Oct 07th, 2011 at 12:12 PM
Anyone can be questioned by the police. The question is can the police then use what they learn against that individual. If an officer is questioning someone in custody or under an appearance of custody then said officer has to read that person his rights. An officer should call a juvenile's parents before questioning them. However, I am not sure it would be suppressed if other protocol was followed regarding Miranda.

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Answered on Oct 07th, 2011 at 11:38 AM
Yes. In CA, a minor can be questioned w/o parents there. If by cops, he has Miranda rights if he is detained. He cshould ask for an atty and then remeain silent.

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Answered on Oct 07th, 2011 at 11:16 AM
Thank you for your inquiry Yes, this can occur. An older rule would have prevented answers to questions from being admitted into evidence. Now, it is a matter of the coerciveness of the situation and a number of factors. I hope that this was helpful.

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