Can the police introgate a 17 year old minor without a parent or lawyer present? 39 Answers as of May 28, 2013

Can the police question a 17 yr old about a crime without a parent present. Even if the parent was refused a chance to speak with the minor child? By the time the family was able to get a lawyer the police were done question him. Will his statement hold up in court?

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Robert Valles and Associates P.C.
Robert Valles and Associates P.C. | Robert Valles Jr.
Yes.
Answer Applies to: Texas
Replied: 5/28/2013
Larry K. Dunn & Associates | Larry K. Dunn
In Nevada, the law requires the police to attempt to have parents present prior to questioning. A court will examine the circumstances under which a statement is taken in order to determine if the statement was voluntary.

The fact that a parent was not present and requested to be present, the fact that no attorney was present and the age of the juvenile are factors to be considered in determining if the statement can be used.

Answer Applies to: Nevada
Replied: 8/20/2012
Law Offices of Mark L. Smith
Law Offices of Mark L. Smith | Mark L. Smith
Yes, if the minor does not ask for a lawyer.
Answer Applies to: Rhode Island
Replied: 8/20/2012
Law office of Robert D. Scott | Robert Scott
It depends upon whether or not the 17 yr. old, in response to police questioning, made statements which incriminate him.
Answer Applies to: Maryland
Replied: 8/20/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
In Michigan a 17 year old would be charged as an adult and is treated as one.
Answer Applies to: Michigan
Replied: 8/20/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Yes, the police can question the minor without parental consent. The minor is entitled to Miranda rights if he or she is in custodial custody.

    If the parents are suspects the minor is always questioned without the parents present.
    Answer Applies to: Nevada
    Replied: 8/20/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    The Miranda rights apply to a juvenile when they're questioned in custody, but there is no absolute right to have a parent present during questioning.

    Yes, they can interrogate your son without you or a lawyer being present as long as there is a valid Miranda waiver. These type issues are always fact specific, so your son's attorney is going to have to review all the evidence regarding the interrogation.
    Answer Applies to: California
    Replied: 8/20/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It could if the child signed a consent to speak with the cops.
    Answer Applies to: Nebraska
    Replied: 8/20/2012
    William L. Welch, III Attorney | William L. Welch, III
    Yes. Whether the statement would later be admissible in a criminal or juvenile trial against the child would be decided by the court at a later time before trial. No law prevents the police from talking to anyone, except an individual who personally tells the police that he or she does not want to talk to them.
    Answer Applies to: Maryland
    Replied: 8/20/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Under the Williams and Christmas line of cases, most likely "yes."
    Answer Applies to: Pennsylvania
    Replied: 8/20/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Unfortunately, in WA, it is legal for law enforcement to question a minor without a parent present.
    Answer Applies to: Washington
    Replied: 8/20/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, yes they can, as a 17 year old is considered an adult, and can be charged as such.
    Answer Applies to: Illinois
    Replied: 8/20/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Yes they can but he has the right to remain silent and not talk with them.
    Answer Applies to: Georgia
    Replied: 8/20/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes.
    Answer Applies to: Kansas
    Replied: 5/24/2013
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Yes.
    Answer Applies to: Wyoming
    Replied: 5/28/2013
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police are supposed to try to contact the parents of a minor before questioning, but they seldom do. They will manipulate them into making admissions or a full confession because young people are not good decision makers and are usually scared and quite naive. As parents it is your responsibility to explain to your children the consequences of shoplifting, using drugs, drunk driving, fighting, and breaking the law. That would include an explanation of their legal right to remain silent and ask for a lawyer. Legally, a person must demand that all questioning stop and ask to speak to a lawyer and keep insisting it or the police can keep questioning. Few criminals are smart enough to know their rights and therefore are easily convinced by false promises and threats to confess. After that their lawyer has no bargaining power and they will have to pleads guilty to anything the prosecutor wants. If your child confessed to the police it is partially your fault for not telling him what to do if the police ever approach him for any reason. That is something that many kids will face and yet their parents almost never prepare them for it. Young men especially are likely to get arrested for any number of things and their parents are not going to prevent that with speeches, but they could at least convince them to keep their mouth shut when they are caught and not spill their guts. Remember, "Fish Only Get Caught When They Open Their Mouth". If you think I am blaming you then you are wrong, I am telling you that it was foreseeable that your son would get arrested and that sophisticated and well read people know that criminals always hang themselves with confessions. Knowing those two things it becomes obvious that you have to speak to your son about that before he gets arrested.
    Answer Applies to: New York
    Replied: 8/20/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Hire an attorney to review re a suppression. However, cops do not need to tell parents minor arrested and being interrogated. The issues will be with what kid did re parents and attorney.
    Answer Applies to: California
    Replied: 8/20/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Yes, 17 may be questioned without parent as age for adult crimes is 17. However, there is a good argument that 17 year old should be afforded more protections and the statements may be able to be excluded from court. You should contact a criminal defense lawyer in your area.
    Answer Applies to: New Hampshire
    Replied: 8/16/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The police can and often do question minor children without a parent or an attorney. Most criminal defense attorneys do not approve and would change the law if they could and have tried to do so. All of his or her statements can be used against them or others. (The other day I heard of the police questioning a 4 year old)
    Answer Applies to: Alabama
    Replied: 8/16/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    yes they can.
    Answer Applies to: California
    Replied: 8/16/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Unless you can suppress it, yes.
    Answer Applies to: Nevada
    Replied: 8/16/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Consult with his lawyer on these questions as they are very fact specific.
    Answer Applies to: New York
    Replied: 8/16/2012
    Steven Alpers | Steven Alpers
    Most likely yes, if he asked for a lawyer or a parent he may be able to suppress the statement.
    Answer Applies to: California
    Replied: 8/16/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    They can question him, and yes, it may be possible to convict on his voluntary statements. You should immediate hire an attorney that represents juvenile criminal defendants.
    Answer Applies to: Maine
    Replied: 8/16/2012
    Reeves Aiken & Hightower | Arthur K. Aiken
    In South Carolina, police officers can interrogate minors even though they have no attorney or parent present. However, statements are often excluded from evidence for other reasons. A good criminal defense attorney needs to give an opinion on the question of whether the minor's statement will be admissible in evidence.
    Answer Applies to: South Carolina
    Replied: 8/16/2012
    Darren Meyer, Attorney at Law | Darren Meyer
    Miranda warnings need to be read if an individual is questioned during a "custodial interrogation". When determining whether the minor is in custody during the questioning, the court will use a totality of the circumstances test. A parent present is only a factor for the court to consider in determining whether the minor is in custody. If it is clearly not a custodial setting then the minor's statements are admissible regardless whether the parent is present.
    Answer Applies to: Virginia
    Replied: 8/16/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    It depends, you should talk with your attorney.
    Answer Applies to: Michigan
    Replied: 8/16/2012
    Law Offices of Lee and Baghoomian, P.C.
    Law Offices of Lee and Baghoomian, P.C. | Joseph Lee
    This is a difficult question to answer, with such limited facts. Depending on the severity of the case, you should contact an attorney immediately, to determine a proper course of legal action.
    Answer Applies to: California
    Replied: 8/16/2012
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Yes, just as we can. The kid can say he does not want to talk, or wants a lawyer or his parents, and then they have to stop. All kids should be do indoctrinated by their parents.
    Answer Applies to: California
    Replied: 8/16/2012
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