QUESTION
Can my child be removed from school grounds and questioned by detectives and judge?
Asked on Mar 08th, 2012 on Criminal Law - Texas
More details to this question:
My daughter who is under 18, was recently questioned by police about vandalism. She and her friend, who is also under 18, was taken off school grounds and taken to the Courthouse. Neither I , my husband, or her friends parents were contacted to notify us about this situation. They were both told they could not call their parents. Also, one was not read their Miranda rights. I do not believe that any of this is legal. Am I right?
2 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Sounds like your child was under 17 and thus was taken before a magistrate before being questioned which is the proper manner in which to handle such matters by police. They do not have to notify you of their intent, nor allow them to call their parents. Parents are to be notified afterwards. The interviews are recorded so if Miranda rights were not given and the person was a suspect, any inculpatory statement can be suppressed. If they have been charged, they need lawyers. They can be told that in the future they do not have to cooperate with the police if interrogated and they have the right to request a lawyer.
Answered on Mar 09th, 2012 at 6:57 AM
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This si a very touchy subject and grey area because children have a limited expectation of privacy in school. This will be very fact specific so if she is charged, best to hire an experienced lawyer in your area and fight it.
Answered on Mar 09th, 2012 at 5:12 AM