QUESTION
Can the police question my minor child and have him write out a confession without my consent or an attorney present?
Asked on Jan 10th, 2013 on Criminal Law - Florida
More details to this question:
When I arrived at the police station, I was told I had to wait to see my child because the detectives were with him and I had to wait until they were finished.
4 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your child's situation. He/she would then be in a better position to analyze your child's case and advise you of your options.
Answered on Jan 15th, 2013 at 7:46 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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A child age 14 or older is presumed to understand their own right to remain silent or have an attorney or parent present, so if they read him his rights and he agreed to talk, it was his choice.
Answered on Jan 14th, 2013 at 2:36 PM
Yes, as long as the cop establishes that it was consensual (and believe me, they will).
Answered on Jan 14th, 2013 at 2:35 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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The police should give your child an opportunity to call you but ultimately it will be only one of several factors in determining the admissibility of your child's confession. Do your child a favor and hire an attorney to handle this. There may still be a basis to file a motion to suppress.
Answered on Jan 14th, 2013 at 2:33 PM