QUESTION
Can police question a suspected minor without parental consent?
Asked on Apr 01st, 2012 on Criminal Law - Texas
More details to this question:
A 16 year old was questioned by a store for shoplifting. They were told if they were honest than they would be let go and it would end there. Even though the child was honest and told the truth, the police were called and she was questioned both times without a parent or guardian there.
2 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Yes, they can talk to the 16 year old without a parent's presence. If arrested, the child must be taken to a magistrate before and after being interviewed. Any inculpatory statements made can be suppressed if illegally taken but they can still proceed to prosecute.
Answered on Apr 06th, 2012 at 3:43 PM
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These are very fact specific cases. Children have a limited expectation to privacy and depends on if they waived their Miranda rights. Hire the best attorney you can afford and fight it. Theft is very serious and could ruin their hiring potential.
Answered on Apr 05th, 2012 at 11:33 PM