Minors and the police?

Question

Can the police legally question a minor without informing the parents that they have him in custody and without an attorney?

Updated Question: can the police question a minor without informing parents he is in custody and without an attorney?We are in Michigan. Parents thought 13 y.o. boy was staying at friends house. Police picked him up at 2 a.m. and did not inform parents until 6 a.m. Would not tell parents why he was in custody. Would not let parents talk to him. The police told parents they could talk to him after child's hearing at 2p.m. Charged with home invasion.

Answer 1

A lot is determined by the type questions being asked!

An officer should Mirandize both adults and juveniles prior to asking questions that are specific to a crime.

A juvenile may be represented by an attorney, parent, or legal guardian.

Best wishes.

Answer 2

I agree with KC V. It is always a good idea to read Miranda to anyone you have in custody and are questioning.

In Kansas, if the juvenile is 15 to 17 yoa, then we do not have to contact the parent and wait for them to show up to question. It also depends on the mental state of the individual as well. Sometimes it may be necessary to get the legal guardian involved for those adults with the mental capacity of a child. That being said. I usually call the parent to either show up, or for permission to question, just to be on the safe side.

Answer 3

I'm not sure what state you are in, but here in California, yes. As the law is written, I can interview a juvenile for about anything and I only have to read them there rights if I place them under arrest. Then I have to read them there rights some time before I'm done with them. SO I don't have to read them their rights before I question them just at some point prior to the end of my contact with them.

I can do all of this without calling or talking to a parent. I have to call and talk to the parent if I arrest the minor just to let them know where the minor is and if they need to come get them.

Answer 4

all depends. did they take him downtown in handcuffs? or do they just have him in the car outside the c-store from which he just stole the six-pack. if he is downtown then he has rights (age varies by state) and they need to call his parents.
if you are talking about your 12 year old brother who got caught shoplifting at the wally-world mega-mart, and they are nailing him to the wall in the store conference room, they are probably just trying to scare him, unless he has been caught by store security before and they want to finally press charges, in which case they would call his parents and tell them where he can be found.
need a lot more details to give a really good accurate answer

Answer 5

Answer is NO.

The cops need to have a parent to question a minor. But beware:

1. The cops can and will lie to get a minor to confess anything during interrogation.
2. They will say they have evidence against him, when in fact they do not.

So, what you do is you sign your Miranda waiver and IMMEDIATELY ask for a lawyer. The interrogation stops and they must let you go unless they have solid evidence against your child.