QUESTION
Can police question a fourteen year old without a parent?
Asked on Oct 14th, 2011 on Criminal Law - Texas
More details to this question:
Can police pull a fourteen year old out of school and question them old without his or her parent present?
15 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No they cannot.
Answered on Jun 07th, 2013 at 12:12 AM
Criminal Defense Attorney serving Tustin, CA
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Wallin & Klarich, A Law Corporation
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Yes.
Answered on Jun 03rd, 2013 at 12:53 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No.
Answered on Jun 03rd, 2013 at 12:50 AM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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Yes.
Answered on Jun 03rd, 2013 at 12:47 AM
Michael J. Breczinski
They should not unless it is an emergency.
Answered on Oct 21st, 2011 at 12:42 AM
Generally, yes, but it is possible that some of what they asked about could be excluded if the young person requested his parents' presence and that was denied. That would apply only to statements he made. But it is a very long shot.
Answered on Oct 20th, 2011 at 1:29 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Yes, the police can do that. Instruct your children that they do not have to talk to the police and no one can make them talk to the police. Your children can always refuse to talk to the police.
Answered on Oct 20th, 2011 at 1:22 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Generally "no". It depends upon what the crime is and what the circumstances are. However, in the event that a child were to be q7uestioned, the child is afforded the same constitutional rights as an adult. The question is whether the child knows his/her rights. Probably not, in which case some of the information obtained may be inadmissible. You should consult with an attorney.
Answered on Oct 18th, 2011 at 10:09 PM
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Not usually, however, there are special circumstances. What was she charged with? Was is the police or a school official? Children have limited protections under the Constitution, but it all depends on the surrounding circumstances.
Answered on Oct 18th, 2011 at 5:11 PM
Maybe. It would depend on why they were being questioned. You may want to have an attorney review this matter.
Answered on Oct 18th, 2011 at 1:28 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. They are obligated to try to reach a parent if they can. That sounds wrong.
Answered on Oct 18th, 2011 at 1:21 PM
Daniel Kieth Martin
Yes, they most definitely can. The law specifically states that they can speak to a minor without a parent present.
Answered on Oct 18th, 2011 at 12:27 AM
Your child has no rights to a parents presence before questioning. The police can arrest your child without informing you. However, you must be immediately notified by the probation office or prosecuting attorney. Your child should remain silent when questioned about a violation. Children have the right to remain silent. Many people, both children and adults, are convicted because of what they say to police. Law officers can, and do, lie when questioning suspects. There is no right to bail in a juvenile hearing. Even if a parent wants to post bail for his or her child, the law does not permit it. Your child may be released into your custody. The decision is up to the police and the probation officer, with the presiding judge having the final say. Your child has the right to an attorney. Furthermore, it is up to the child's parents to select which lawyer to use.
Answered on Oct 18th, 2011 at 12:26 AM
Assault Attorney serving Richardson, TX
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The general answer is no, it is not proper. There are exceptions having to do with emergencies but the specific facts are necessary.
Answered on Oct 18th, 2011 at 12:13 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Yes. They do it all the time. They do not have to give you prior notice nor notice that they did it.
Answered on Oct 18th, 2011 at 12:07 AM