QUESTION
Can a detective take a statement from 16 year old without a parent?
Asked on Aug 31st, 2012 on Criminal Law - California
More details to this question:
My boyfriend was charged with csc2 with my daughter. When police came to house and took statement she said he raped her but days later at police station talking to detectives she changed her story and said that she came on to him and they had sex 2 or 3 times so she could leave house when I’m on 3rd. And it happened a year ago, but she only said something when she got mad at him.
19 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes.
Answered on May 22nd, 2013 at 5:19 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes.
Answered on May 22nd, 2013 at 5:16 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Yes.
Answered on May 22nd, 2013 at 5:15 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Although it is probably not the ideal practice, it is permissible under the "totality of the circumstances" test.
Answered on Sep 07th, 2012 at 3:50 PM
The police may question a witness that is a minor without the parents present. In a question of sexual abuse of the minor by a parent or live in adult the parents generally are not present.
Answered on Sep 07th, 2012 at 3:49 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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In certain circumstances, yes, they can. You have not provided me with enough factual information to answer your particular question.
Answered on Sep 07th, 2012 at 3:49 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes. The police can take a statement from anyone who does not demand a lawyer.
Answered on Sep 07th, 2012 at 3:49 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Yes, the statement can be taken, and it could be admissible, at least under Michigan law. However, its credibility will come into question, and it may be coercive or deceptive. Its a question of credibility, and this should be reviewed thoroughly with your attorney.
Answered on Sep 07th, 2012 at 3:48 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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A youth officer can
Answered on Sep 07th, 2012 at 3:45 PM
Not usually. But you need to consult a lawyer.
Answered on Sep 07th, 2012 at 3:44 PM
Michael J. Breczinski
Yes they can take a statement and would not want you around since it was your boyfriend.
Answered on Sep 07th, 2012 at 3:44 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes, done every day.
Answered on Sep 07th, 2012 at 3:44 PM
4 Awards
They are supposed to have a parent there but there are exceptions that can apply when no parent is available.
Answered on Sep 07th, 2012 at 3:42 PM
3 Awards
In that situation, they can. There are lots of procedures they should follow to make sure the truth is told. Bad investigation seems to be happening here. Accused should get a good lawyer ASAP and not talk about the case w anyone else. Just say, I want a lawyer and nothing else. You do not have to speak w police or the prosecution about the facts or anything else if you do not want. All jail calls are recorded - do not talk on phone. This case can be won - angry teens lie to get what they want, even big lies.
Answered on Sep 07th, 2012 at 3:41 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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Absolutely the police may interview a victim child without a parent. This is true in particular as here where the parent may defend the alleged perpetrator over the child. Your daughter is likely a victim and you both need professional help to support her story to bring him to justice. Do not choose your boyfriend over your daughter!
Answered on Sep 07th, 2012 at 3:41 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Yes. At the time she was reporting facts of a crime and was not a suspect.
Answered on Sep 07th, 2012 at 3:41 PM
Sure, if the 16 year old is dumb enough to talk.
Answered on Sep 07th, 2012 at 3:40 PM
Yes, unfortunately in WA law enforcement can interview a minor without a parent present.
Answered on Sep 07th, 2012 at 3:40 PM