QUESTION

Is it proper to question a student without the presence of the parent?

Asked on Dec 11th, 2013 on Criminal Law - Michigan
More details to this question:
My daughter and an 18 year old friend stole their friend's bank card and charged $227.00 worth of stuff. The COD at my daughters school never gave her the maranda and questioned her without me being there now she getting.
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3 ANSWERS

Michael J. Breczinski
The police do not have to give Miranda if the person is not under arrest. And in Michigan anyone 17 years old is charged as an adult.
Answered on Dec 17th, 2013 at 5:48 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I need more information and she needs an attorney to try to prevent this from reaching her permanganate record and doing great harm to her future prospects.
Answered on Dec 17th, 2013 at 5:46 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Yes, school officials can question your children without your knowledge or consent. Otherwise, it would be impossible for the school to ever investigate allegations of parental abuse. Miranda warnings only have to be given while in police custody. You can have a local criminal defense attorney review the matter to see if there are any violations that can be argued.
Answered on Dec 12th, 2013 at 7:49 PM

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