What is the criminal law on questioning a minor? 45 Answers as of July 03, 2013

Do I have to let police question kids about their involvement in break in?

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Law Offices of John J. Connors, Esq.
Law Offices of John J. Connors, Esq. | John J. Connors, Esq.
First of all, anyone young or old has a right to remain silent and should use that right. secondly, a minor can only be questioned in the presence of an interested adult (preferably the parents).
Answer Applies to: Massachusetts
Replied: 8/23/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
There is no law that I know of that precludes the police from questioning a minor for their involvement in a crime or as a witness to a crime. However, a minor can be represented by counsel and does have the right to take the fifth.
Answer Applies to: Alabama
Replied: 8/19/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
When questioning a minor about their part in a criminal matter the police need either a parent, or other adult present that can represent the minor.
Answer Applies to: California
Replied: 8/19/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
If you are the parent you can refuse to allow the police to question your children. I would suggest that you consult with an attorney.
Answer Applies to: Alabama
Replied: 8/19/2011
Lewis & Dickstein, P.L.L.C.
Lewis & Dickstein, P.L.L.C. | Loren Dickstein
No. The child should invoke his or her right to remain silent under the Fifth Amendment. Hire an attorney to help you ASAP.
Answer Applies to: Michigan
Replied: 8/18/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You have no obligation to allow law enforcement to speak with your children about a potential criminal offense. However, law enforcement is not required to inform parents before they speak with the children, and may approach them at school or in other locations to acquire information.
    Answer Applies to: Minnesota
    Replied: 8/18/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The kids have the right to remain silent and the right to speak with an attorney and have one present during questioning. Hire an attorney immediately as things could get ugly fast.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The police can question a minor without notice to anyone until the minor is placed under arrest, but they may not lie or use trickery to hide the child's whereabouts. Once arrested, a parent must be notified. Either parent may invoke the right to an attorney and put a halt to questioning. Other family members cannot assert the right to an attorney on the child's behalf.
    Answer Applies to: New York
    Replied: 8/18/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    There is never an obligation to submit to questioning. Therefore, you can refuse to talk to a police officer. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    No. The parent or guardian can refuse to let the police talk to their child.
    Answer Applies to: Missouri
    Replied: 8/17/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Your children have constitutional rights too. I'd recommend you retain an experienced criminal defense attorney who knows juvenile law. Most attorneys provide free initial consultations. It's certainly worth a phone call.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    No. You do not have to allow detectives to question your child. Your child also has the right to remain silent and to an attorney before he is questioned about his involvement in a crime.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The police can attempt to question anyone who may have knowledge of the crime. The person questioned, if asked incriminating questions, has a right to invoke their 5th amendment rights to refuse to answer questions without advice of counsel. If the person questioned is a minor (typically less than 10-12) the police should give the warning in the presence of parents and permit the parents to be present (because a child of this age or less may have difficulty understanding the concept of their rights). An older child who is still of minor age may be questioned without the parents consent or knowledge if the child has the basic understanding of his rights. This age difference is fluid and ultimately a question for a judge to determine.
    Answer Applies to: Kansas
    Replied: 8/17/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You havent watched enough TV cop shows. A little free advice: when questioned by police about your involvement in a crime, you and yours should exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except an attorney. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. What can you do? You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police can question anyone about any matter. If they are a "suspect" and they are in "custody" (not free to leave or under arrest), they have to read you the "Miranda Warnings". You should never talk to the police about anything, no matter what they promise, threaten, or imply. They will say and do anything, including trickery, false promises, false threats, threats to take your children, threats of long jail terms, threats of gang rape in jail,etc., in order to get you to make admissions or even confess to a crime they suspect you of. Parents are easy to manipulate and usually unaware of their rights. You must ask for a free lawyer and specifically ask that all questioning stop. Then your "right to representation" starts. Before you ask to have the questioning stop and ask for a lawyer (or call your own attorney), the police can refuse your parents visits, give you false evidence or claim others have told them you are guilty, or witnesses have picked you out etc. Then the police tell you that you are caught "red-handed" and will go to jail for 10 years. Then they play "good cop-bad cop" for a while and the second cop tells you that if you co-operate they will talk to the District Attorney or get you a break in some way.m All of this is usually effective for the average young person, common criminal, or uneducated person. They are easily manipulated by everyone, including parents, employers, spouses, clients, customers,etc. In order to make good decisions you need to be cool, calm, informed, and well advised by the best experts. In other words, "Fish only get caught when they open their mouths". If people would call a lawyer, doctor, or dentist as soon as a problem presents itself, and take the expert's advice, they would avoid half of life's misery.
    Answer Applies to: New York
    Replied: 8/17/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Parents should normally be contacted before the police interview a minor. The police can still interview the minor without the parents being present but this may provide a basis for challenging the validity of the confession. A minor has under no obligation under the law to talk to the police and can assert his or her right to remain silent under the 5th Amendment.
    Answer Applies to: Minnesota
    Replied: 8/17/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You don't define who you are. As a parent, I would not want my child being questioned without and adult and more likely, without an attorney. Children still have constitutional rights. Without knowing the facts, consult with an attorney before you /the child does anything.
    Answer Applies to: Washington
    Replied: 8/17/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If you are the parent or guardian then you do not have to agree to questioning and can insist that they do not question him or her. You can also insist on an attorney at any questioning.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    Absolutely not. Children are entitled to the same constitutional rights as everyone else. No one - including children - can ever be compelled to speak to the police. Advice: Do not let child speak to the police. Contact a criminal lawyer immediately.
    Answer Applies to: New York
    Replied: 8/17/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You do not have to let the police question your kids. Your kids (and you) have the right to remain silent. They should use it. I would advise you not to speak with the police.
    Answer Applies to: Washington
    Replied: 8/17/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    A parent, legal guardian, or adult with custody must be notified and permitted to be present.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information, such as how old is the minor and is the parent or guardian present or a lawyer present at time of questioning, how serious is the crime, do the police think the minor is involv3ed or is theminor an eye witness, or does the minor just have information but is not an eye witness.
    Answer Applies to: New York
    Replied: 7/3/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    As a parent you can refuse to allow your children to be questioned. You may want to make it clear to the school and any other care-givers that you don't want you kids spoken to by the police.
    Answer Applies to: Nebraska
    Replied: 8/16/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Everyone, including a minor, has the constitutional right to remain silent. If they give up this right, anything they say can and will be used against them. You don't have to let the police question a minor.
    Answer Applies to: Michigan
    Replied: 8/16/2011
    Law Office of Nixon Ayemi | Nixon Ayeni
    When you are present they can question the minor, however as guardian you could invoke the 5th amendment for them, and say you are not letting your child talk to them without a lawyer present.
    Answer Applies to: Minnesota
    Replied: 8/16/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Hello- Minors have the same right against self-incrimination as adults. Additionally, a minor cannot be interviewed without a parent's consent unless the parent is the suspect.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    No. Even minors have the right to remain silent and the right to an attorney.
    Answer Applies to: Nebraska
    Replied: 8/16/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely not. Anyone, young or old, has the right to remain silent. It's in our Constitution. Don't be so foolish to permit the questioning.
    Answer Applies to: California
    Replied: 8/16/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You need to instruct your children that they have the right to remain silent and not talk to police and that as a parent, you do not want them to talk to police. The police absolutely can talk to any suspects or witnesses regardless of their age. They can even arrest them without first notifying the parents. They do not need parental permisison to talk to children.
    Answer Applies to: Texas
    Replied: 8/16/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You have the legal right to obtain a lawyer for your child immediately. Then your lawyer will contact the police and tell them that they are not to question your child. You need to have your child meet with his lawyer. When the police wish to question him your child needs to make perfectly clear he has a lawyer and refuses to talk to them. You can retain our law firm to represent your child. Go to wklaw.com for more information about how we can help you.t
    Answer Applies to: California
    Replied: 8/16/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Children have the right to remain silent also just like adults. Do not let them talk to the police if the police show a warrant of arrest then you are obliged to but otherwise you can stay silent.
    Answer Applies to: California
    Replied: 8/16/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    It depends upon your relationship with the minor(s). I would need more specifics to answer your question.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes. Sadly Washington law does not give parents the right to be present when minors are questioned by law enforcement.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    They have a right to remain silent that can be claimed by the minor or parent.
    Answer Applies to: Louisiana
    Replied: 8/16/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Nothey have the right to remain silent unless offered immunity.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    NEVER let the police question anyone. You are their guardian and you can tell the cops to blow off. However, I would hire a lawyer to stand by on the phone so if the cop gives you any crap you can call the lawyer.
    Answer Applies to: California
    Replied: 8/16/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    Every man, woman and child enjoys the 5th Amendment right against self incrimination. That means, even a child may remain silent and not speak to law enforcement about matters which may incriminate him/her.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    Children have rights! They also have the right to remain silent, just like adults. Thus, no police officer can force them to answer questions that may incriminate them. In addition, officers may not force adults to order their children to make statements against their interest. Children should be informed that they may choose to ask for their parents and/or an Attorney to be present before the minor makes any statement. Get an experienced, Defense Attorney to evaluate any Juvenile Court case involving possible coerced statements to determine what course of action should be taken.
    Answer Applies to: California
    Replied: 8/16/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    Noone is required to talk to the police. The minors need an attorney. Contact my office for a free consultation.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Potter Law Offices
    Potter Law Offices | Cal J. Potter, III, Esq.
    They can assert a fifth amendment right to remain silent.
    Answer Applies to: Nevada
    Replied: 8/16/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Nobody has to talk with the police, ever. The cops will say cooperation will be noted and helpful. But, it is only helpful to the cops and DAs and noting the cooperation is rarely, if ever, going to get you a better deal. If the police want to talk, it usually means that they think they have proof problems and want the suspect to help fix the problem. Why help? Remember, after the case is filed, we can always tell them our side. Also, cops rarely record the statement and often misinterpret it in their reports. The make it sound like you said something you did not, or in context, did not mean. You are left trying to tell a jury that the cop got it wrong. If there was a recording, then you have some protection, but not much. Ask for an attorney and do not talk with the police until you have one.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    You do not have to let police question your kids. You can always seize any contact with the police. You are never obligated to speak to the police or have your kids interrogated.
    Answer Applies to: California
    Replied: 8/16/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You NEVER have to let the police question your minor children. You can always tell the police you won't let the children be questioned or that you want to talk to a lawyer before deciding whether or how much to let them talk.
    Answer Applies to: Colorado
    Replied: 8/16/2011
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