of the parent
2007-11-12 02:44:12 · 8 answers · asked by Sadiyah 1 in Politics & Government ➔ Law & Ethics
The Child has been Arrested and brought in for questioning.
2007-11-12 02:48:55 · update #1
Please ask a more specific question and also list which state you are in, as rules depend on jurisdictions. In a criminal matter in Texas, you do not need parental consent to question a minor who is a suspect, but you do need to notify the parent. Also, the minor must be taken before a magistrate before the questioning and the magistrate expains their rights to them.
A minor witness may be questioned without parental consent. If the parent doesn't want the child to be questioned, the grand jury can subpoena the parent to bring the child to them and then the questioning takes place before the grand jury.
*edit* the other answers you received before mine are not legally correct; a minor CAN waive miranda, and CAN provide a statement. If the minor is not in custody, and is free to leave and really understands that, then they don't even have to have miranda read to them. Even all the rules I gave you go out the window in a voluntary statement situation. The law is much, much more lenient that the other responders realize. Also, Texas laws apparently differ from Missouri, since here, a minor is entitled to an attorney. They have all the protections of an adult plus a little more.
2007-11-12 02:52:01 · answer #1 · answered by mommybaby295 6 · 1⤊ 0⤋
If you are in Missouri this can be done if a juvenile officer is present especially if this is a misdemeanor charge. The parents are usually notified but juveniles dont automatically have the right to an attorney at questioning either. Sadly children dont have all the guaranteed rights of an adult. If a child is being charged with a felony however, a lot more caution is taken with how they are questioned.
2007-11-12 02:59:40 · answer #2 · answered by Diane M 7 · 0⤊ 0⤋
Because a person under the age of 18 cannot sign a legal document, it is legally impossible for a minor to sign away their Miranda rights or to sign a documnet that states that they have heard and understand those rights. A minor can be questioned, but until a parent has verified that the Miranda rights were read and understood, nothing that is said by the minor is admissable against them.
2007-11-12 02:50:43 · answer #3 · answered by fangtaiyang 7 · 0⤊ 2⤋
NO it is not legal to question a minor without consent from their legal guardian. Any information recieved is not admissable in court. A good attorney will tell you that.
2007-11-12 02:50:42 · answer #4 · answered by splash 3 · 0⤊ 2⤋
"Yes", the key word is question. Interrogation should include a parent or legal guardian, and when doing so always use video and audio.
2007-11-12 02:57:47 · answer #5 · answered by schneider2294@sbcglobal.net 6 · 0⤊ 0⤋
no they cannot question minors w/o the constent of a parent. never ever answer any questions until you have lawyer
2007-11-12 02:52:11 · answer #6 · answered by sarah33 2 · 0⤊ 2⤋
Yes, it is legal. Plain and simple.
2007-11-12 02:55:07 · answer #7 · answered by hexeliebe 6 · 0⤊ 0⤋
Any body can ask questions - well it depends one question it is. Clarify baby clarify.
2007-11-12 02:47:50 · answer #8 · answered by judah_lamb 3 · 0⤊ 2⤋