Full question:
My 15 year old daughter was part of a group of teenagers who 'toilet papered' a house. She was in the group but did not participate. Two months following the incident; while at school, my daughter was questioned and intimidated by threat of Juvenile Hall regarding the event. She was subsequently arrested for Disturbing the Peace, and released on her own 'promise to appear'. Up until yesterday, 3/10/09 (2 months following the arrest) I had not received any official notification of the incident. She is due to appear before a Probation hearing on 3/19/09. Is this legal?
- Category: Criminal
- Date:
- State: California
Answer:
There is no state or federal law which prohibits police from questioning a minor without parental consent. Individual police departments may adopt policies that forbid questioning of minors without parental consent. Whether or not statements obtained from minors during interviews conducted without parental consent can be used against minors in court varies by the facts in each case. Parents may instruct their children not to speak with police unless a parent first gives permission, since no one is legally required to speak with the police. It will be a matter of subjective determination, based on the facts and circumstances involved, whether your daughter is liable for disturbing the peace. I suggest you contact a local attorney who can review all the facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
