should I have an attorney present when my 16 year old daughter is being questioned by a criminal investigator?

Question

She was in a vehicle with two males and another female. The vehicle was in the parking lot of an elementary school. Police pulled up and found drugs in the pocket of one one the males. at that point the remaining three who were not arrested at this time were told that if there were drugs in the car, they would all be arrested but since there was only one individual with drugs on his person, they arrested him and told the others to go home. Now the criminal investigator called her step father to bring her in for some questioning. Juveniles can wave their right to questions as adults can, but her father nor mother were present and she wasnt under arrest so she willingly answered the interigators questions. Now she has been asked by the same investigator to come in for more questioning on wednesday.She was not arrested. should her lawyer be present to avoid anymore incrimination of herself?

Answer 1

without a doubt!

Answer 2

A minor can be talked to by a police officer without an adult present as long as the minor is a victim, complainant, or witness. Only when the minor is a suspect does a parent have to be present.

If that investigator does end up charging the minor, even if that minor had waived rights to counsel, anything that minor said would be inadmissible in the court. Any good investigator knows that and would not jeopardize the case.

Considering it is a drug case, the investigator is probably trying to get all the information he can in order to go further up the chain of where the drugs came from. It's better to get a supplier/dealer off the streets and behind bars where they should be.

Even if she did say she was using that night, there's no real way of proving it now and he would not try to charge her. If she was going to be arrested, they would have done it that night.

But, I would start watching who my daughter is hanging out with and where she is going more closely. Remind her that drivers who use drugs are just as dangerous as those who drink and drive.

Answer 3

No she does not need a lawyer. First off as a juvenile let her take her knocks. Question they type of people she is hanging around with. Use this as an opportunity to get a lesson in life without having to worry about it going on her adult record if she has in fact done something wrong. Save your money. If you are that concerned then ask if you as a parent can sit in on the interview. It doesn't take a lawyer to realize when a person is going to make a remark to incriminate themselves.

Answer 4

Do not let her talk to the police any more without an attorney being present (in the room) with her. In most jurisdictions that I have practiced law (Florida, Georgia, and Virginia), the prosecuting attorney has the ultimate say as to what benefits cooperating with police will produce.

If the police had enough evidence to arrest her, they would have. They are looking for her to provide even more information to them in order to find inconsistencies in her version of events or to make their case against her even stronger. If they are looking for information about other people involved in the activity, her statements to the police, without promises made by the prosecuting attorney, may provide her with no benefit at all.

Trust your attorney. Miranda rights exist for a reason. When they say "anything you say can and will be used against you" its true. The persons own statements in my experience of dealing with more than 2500 felony and misdemeanor cases are the final nail in the coffin of a conviction and arrest.

Answer 5

This answer is going to receive a lot of criticism, but here it goes.

Your daughter is associating with either drug dealers or drug users, and that's a fact. Whether or not she has a lawyer she was in the presence of drugs. I'm sure that you are sure that she is innocent, that she had no idea that he had drugs... but ask yourself how naive you are being. It's true that she might not have known that they guy had drugs AT THE TIME, but like as not she knew he was involved with them.

What is it you are exactly trying to protect her from? The consequences of her actions? Aren't we supposed to teach our children EXACTLY that, that there are consequences for our actions?

The children that learn that mommy and daddy come running to protect them when they have done something wrong are the ones that come to EXPECT mommy and daddy to come running.

The cops are not going to put her away for the next ten years for a minor drug possession charge. Wouldn't it be better for to face the music now when she is young, and the punishment would be virtually non existent and maybe get her attention? Or should you wait until she is older, the crime is more sever, the punishment is actual time and the lawyer is more expensive?

Answer 6

What state are you in??? A parent should be present when their child is questioned by police. The parents should be told if their daughter is a suspect, victim, or witness. She may not need an attorney but she certainly needs a parent in the room with her.
Now, having said that, there are situations where maybe what the child has to say isn't something she wants her parents to know about (like, if she is sleeping with the druggie). The parents can request a child advocate be in the room with her. That would offer some protection and privacy. Check with your local social services to see if such a service is available.

Answer 7

Whether she is under arrest or simply under questioning, an attorney should be present at all times.

The right to remain silent includes not answering any more questions from investigators. Keep in mind, that while she may not have been arrested, her name will be attached to someone else's case and it's a matter of public record.

Also, I don't think it wise to pit your child against a thug. That is to say it might not be safe for her. And to cover all the bases here, I don't see them making a case for obstruction of justice since she already answered their questions. They can make their case without her.

Answer 8

There is no law that says she has to cooperate with the police. Tell them she isn't going in and if they want to see her talk to her you or your lawyer!

The police have no business talking to her. They should be talking to her parents as she is a minor! They love to play games as they know children don't know the rules. Most adults don't.

They can say she is not under arrest, but their intention may be to arrest her. At any time during an interview she feels she is not free to leave, she is under arrest whether they say it or not! She has a right to an attorney and they are to stop questioning her immediately after she asks for an attorney!

As a parent, I would call them and tell them that they go through you, not a child!

Answer 9

In Australia if under 17 a young person must have an independent person in attendace in he interview room . I would sauy in your case this is not the usual way so yes get your daughter a lawyer who is aware of young peoples right it might be that any prior interview is null and void due to the investigators not sticking to the rules re young people under interview..

Answer 10

ABSOLUTELY, While i love my country I wisely fear my government, and any sane person would wisely keep their mouth shut when being questioned by the cops. the police routinely worm a persons words around so they may indite themselves and then be pressured to snitch on someone else to save their own skins. no faster way to good police work than a scared kid willing to turn in mom and dad in the hopes of avoiding jail. By all means lawyer up. and find your kid new friends.

Answer 11

You can Have a lawyer present, but most likely will waist there time and your money. They probably want to ask her more about if she new the drugs were in there. If she was not arrested the most they could do is probably fine her.