In the state of Maryland?

Question

can a 12 yr old be detained and questioned by police for hours and give a signed statement to the police without a parent or attorney present in the room.......................

Answer 1

Well if it happened, then it must be possible.

Answer 2

Yes.

The courts have ruled over and over that a minor does not have the right to have a parent present during questioning. Additionally, parents cannot invoke their child's rights to a lawyer. the kid must do it. These are found in the following cases:

Charles P. (1982) 134 Cal.App.3d 768, 772 [“Appellant’s contention that the failure of the sheriffs
to inform him of his right to consult with his parents vitiated his confession is not supported by existing case
law.”];

In re John S. (1988) 199 Cal.App.3d 441, 445 [court notes that in People v. Burton (1971) 6 Cal.3d
375 the court “did not hold that the police must advise a minor that he or she has the right to speak to a
parent.”];

People v. Maestas (1987) 194 Cal.App.3d 1499, 1508 [court rejects argument that “the police are
under a duty to advise the minor of his right to talk with his parents before interrogation can take place”];

In re Abdul Y. (1982) 130 Cal.App.3d 847, 863-7 [court rejects argument that officers were required to inform
him that he could speak to his parents or sister];

In re Jessie L. (1982) 131 Cal.App.3d 202, 215 [“There is no
requirement that a minor be advised of and waive the opportunity to speak to a parent or to have a parent
present during police questioning.”].

Answer 3

I do not believe they can do that in any state. I think you must be of legal age to waive your rights to an attorney, etc. And if, by chance, this did happen...not sure what the circumstances were...but if it did, the child's statement would not be permitted in court.

Answer 4

Children have the same right as adults and the same responsibilities yes they can be question in the same fashion as adults.