QUESTION
Can the police introgate a 17 year old minor without a parent or lawyer present?
Asked on Jul 30th, 2012 on Criminal Law - Arkansas
More details to this question:
Can the police question a 17 yr old about a crime without a parent present. Even if the parent was refused a chance to speak with the minor child?
By the time the family was able to get a lawyer the police were done question him. Will his statement hold up in court?
20 ANSWERS
In Nevada, the law requires the police to attempt to have parents present prior to questioning. A court will examine the circumstances under which a statement is taken in order to determine if the statement was voluntary.
The fact that a parent was not present and requested to be present, the fact that no attorney was present and the age of the juvenile are factors to be considered in determining if the statement can be used.
Answered on Aug 20th, 2012 at 5:49 PM
James Edward Smith
Yes, the police can question the minor without parental consent. The minor is entitled to Miranda rights if he or she is in custodial custody.
If the parents are suspects the minor is always questioned without the parents present.
Answered on Aug 20th, 2012 at 5:48 PM
Michael J. Breczinski
In Michigan a 17 year old would be charged as an adult and is treated as one.
Answered on Aug 20th, 2012 at 5:48 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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The Miranda rights apply to a juvenile when they're questioned in custody, but there is no absolute right to have a parent present during questioning.
Yes, they can interrogate your son without you or a lawyer being present as long as there is a valid Miranda waiver. These type issues are always fact specific, so your son's attorney is going to have to review all the evidence regarding the interrogation.
Answered on Aug 20th, 2012 at 5:48 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Yes, if the minor does not ask for a lawyer.
Answered on Aug 20th, 2012 at 5:48 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Under the Williams and Christmas line of cases, most likely "yes."
Answered on Aug 20th, 2012 at 5:47 PM
Unfortunately, in WA, it is legal for law enforcement to question a minor without a parent present.
Answered on Aug 20th, 2012 at 5:46 PM
Criminal Defense Attorney serving Anchorage, AK
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Buchholdt Law Offices
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Yes, under some circumstances.
Answered on Aug 16th, 2012 at 3:11 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Same answer, and you should be asking the attorney you hired. That's his job.
Answered on Aug 16th, 2012 at 3:11 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Yes, 17 may be questioned without parent as age for adult crimes is 17. However, there is a good argument that 17 year old should be afforded more protections and the statements may be able to be excluded from court. You should contact a criminal defense lawyer in your area.
Answered on Aug 16th, 2012 at 3:10 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Most likely yes, if he asked for a lawyer or a parent he may be able to suppress the statement.
Answered on Aug 16th, 2012 at 3:09 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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yes they can.
Answered on Aug 16th, 2012 at 3:09 PM
Appellate Practice Attorney serving Columbia, SC
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Aiken and Hightower PA
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In South Carolina, police officers can interrogate minors even though they have no attorney or parent present. However, statements are often excluded from evidence for other reasons. A good criminal defense attorney needs to give an opinion on the question of whether the minor's statement will be admissible in evidence.
Answered on Aug 16th, 2012 at 3:08 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Consult with his lawyer on these questions as they are very fact specific.
Answered on Aug 16th, 2012 at 3:08 PM
Criminal Law Attorney serving Fredericksburg, VA
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Spencer Meyer and Koch PLC
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Miranda warnings need to be read if an individual is questioned during a "custodial interrogation". When determining whether the minor is in custody during the questioning, the court will use a totality of the circumstances test. A parent present is only a factor for the court to consider in determining whether the minor is in custody. If it is clearly not a custodial setting then the minor's statements are admissible regardless whether the parent is present.
Answered on Aug 16th, 2012 at 3:08 PM
Leonard A. Kaanta
It depends, you should talk with your attorney.
Answered on Aug 16th, 2012 at 3:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Ask the lawyer you procured for him, that lawyer should have the details to answer your question authoritively.
Answered on Aug 16th, 2012 at 3:07 PM
Criminal Defense Attorney serving Denver, CO
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The Law Offices of Jaime Cowan, P.C.
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If he was not the suspect the police can talk to a minor without the parents being present.
Answered on Aug 16th, 2012 at 3:07 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes if they are trying him as an adult.
Answered on Aug 16th, 2012 at 3:06 PM
Bruce Arthur Plesser
Yes, it will.
Answered on Aug 16th, 2012 at 3:06 PM