Full question:
Can I appeal a juvenile case were a child said he did smoke marijuana after hours of interrogation with no counsel or parent present? There is evidence the child said that only after being told that he would not get in trouble. The crime was in 2000 when the child was 14. I feel like I have failed as a parent; is there anything I can do?
- Category: Criminal
- Subcategory: Minors
- Date:
- State: California
Answer:
There is no federal or state law that prohibits police from questioning a minor without parental consent. However, some police departments may have policies against this practice. The admissibility of statements made by minors during such interrogations depends on the specific facts of each case.
Minors have the right to have their Miranda rights read to them, just like adults. If a minor is detained and suspected of a crime, police must inform them of their rights before questioning. A minor can invoke their Miranda rights and choose not to speak unless they have an attorney present. While minors can request a parent be present during questioning, police are not obligated to inform them of this right.
It’s advisable to consult with a local attorney who can review the details of the case and provide guidance.
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.