can the police take a statement from a minor if he supposedly did a crime without a parent or lawyer present.
2006-08-21 16:19:34 · 15 answers · asked by army_wife_9 4 in Politics & Government ➔ Law Enforcement & Police
Yes. Police can question a minor without a parent or lawyer present.
If a minor is a victim or a witness, the police have every right to question that minor without parental consent, presence, or even knowledge beforehand.
If a minor is a suspect, there are some restrictions put on the police. Let me first get into a misconception about when the police must read a person their Miranda Rights. When the police simply question you about a crime, even as a suspect, it is not required they advise you of your rights. The police must only advise you of your Miranda Rights AFTER you have been arrested and they intend to question you again. Many departments have a policy directing their officers to give the Miranda warning before this, but that is a departmental choice.
Once a minor has been arrested, the police must read the minor their Miranda warning, and explain it to them to ensure they understand, before they interrogate them. In addition to the Miranda Rights given to adults, a minor has the further right to speak to their parent or guardian before questioning. That is the key here. It is the minor's decision, in the end, whether or not to speak to the parent.
And that is all that the parent is allowed. If the minor wants to speak to the parent before questioning, then the police have to make every reasonable effort to allow the minor to do that. That does not mean that they can't speak to the minor if they can't get in contact with the parent. That means that if they spend a "reasonable" amount of time and effort trying to contact the parent, but are unable to do do so, they did their due diligence.
If the minor asks for the parent, and the police make contact with the parent, then the parent and minor are allowed to speak to each other. This can be a phone conversation or one in person. This can last 5 minutes or 20 minutes, that discretion is left up to the officer.
Once that conversation has been completed, that's it. The parent has no legal right to be present during the questioning. The parent has no legal right to stop the police from questioning the minor. The parent DOES have the right to contact their attorney and have the attorney be present for that interview. A minor has every right to the advice and presence of an attorney that an adult has.
But if the minor has not been arrested, or did not ask for a parent or lawyer, then the police are legally allowed to take a statement from that minor. And that statement will be fully admissible in court.
2006-08-21 19:10:21 · answer #1 · answered by RJ 4 · 0⤊ 0⤋
Yes, the police can take a statement...but a minor without representation virtually makes the statement useless and the police know that. On the other hand, a statement gives the police a lead and they may gather additional evidence which they can use to make a case. In every case, get a reputable lawyer. If you cant afford a lawyer, look for a pro bono. Or request the court to supply a lawyer. Sincerely
2006-08-21 17:00:09 · answer #2 · answered by Laughingwalt 3 · 1⤊ 0⤋
It would help to know what state you are in... In Michigan, an Officer can question a minor without parents or lawyer present. The only restriction is that if they intend to lodge the minor at a Juvenile Hall, the interview must be conducted at the detention facility.
I guess its good he "did a crime without a parent or lawyer present" so there's no witnesses
2006-08-21 18:22:25 · answer #3 · answered by FelonyBoy 2 · 0⤊ 0⤋
Sure the police can take a statement from anyone. However, a good lawyer would have this statement inadmissible based on the fact that they are a minor and legal representation was not present.
2006-08-21 16:32:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
They have to tell the kid first he/she has the right of a presence of a parent or a lawyer. The kid can take the decision of not having one, but he/she will have to sign a paper as a proof he/she understood the consequences.
The police HAVE to call a parent to let them know anyway. But if the kid doesn't want his/her presence, it's his/her right.
2006-08-22 08:39:46 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Kids don't have to speak without a parent present and there is no crime if he doesn't
2006-08-21 16:26:49 · answer #6 · answered by c0mplicated_s0ul 5 · 1⤊ 0⤋
no I don`t think so it depends on the age.Children get in trouble sometimes .I think kids should be taught they need a lawyer before they talk to and officer if they get in trouble I think if they question you without a parent or lawyer their is a chance it might get threw out
2006-08-21 16:31:26 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Legally no but they will not tell you that and they will try and put the fear of God into you and threaten you with some type of prosecution if you don't. They have done all sorts of tricks like that to me and I have done nights in jail just for nothing but they had to let me go the next day and even if you go to court and beat them they wont do anything to a cop for lying to you or locking you up for a night. It totally sucks.
2006-08-21 16:34:03 · answer #8 · answered by Anonymous · 1⤊ 0⤋
I would think that you should really talk to a lawyer about that
2006-08-21 16:29:15 · answer #9 · answered by Tammy C 3 · 1⤊ 0⤋
They can do what ever they feel like doing . And it will take an army or a miracle to stop them .
2006-08-21 16:27:33 · answer #10 · answered by Darth Muck 2 · 2⤊ 0⤋