up to what age does a parent have to be present when questioned by police?

Answer 1

Your question is somewhat vague. I am assuming that your question is "at what age can a child under 18 years of age consent to police questioning without parental consent?"

Most states do not designate a particular age at which a juvenile is deemed competent to waive Miranda rights. The test that most courts use is simply whether the child has the ability to understand that they have the right to remain silent, the right to an attorney, and anything that they say following the warning may be used against them.

The legal issue here is whether the juvenile understands those rights. Parental presence is not the same as an attorney. And in most states (if not all), a parent is not required to be present during questioning if the child understands the Miranda Warning.

That said, any statements that the child made following the Miranda Warning could be suppressed and ruled inadmissable at trial if a judge later determines that the child did not understand the Miranda Warning. All other evidence, however, would be admissible.

Answer 2

It depends on the state and the legal age. In my state it is 18 and parents don't have to be present when police talk to their minor kids, but they need to give their consent and can be present if they want to.

Answer 3

A parent does not "have" to be present when a child is questioned. It is a good idea to have one if possible or at least make a diligent effort to locate one especially if the child is the suspect. Once a person is 18 they are an adult.

Answer 4

In all the states where I have worked, the parents don't have to be present

Answer 5

I don't need a parent present ever. I do it because I want their involvement, but there is no law that says it's mandatory.

Answer 6

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