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 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.
A minor is entitled to have his/her Miranda rights read to them as would an adult. If you are being detained (meaning you reasonably don’t feel you are free to leave) by the police and are suspected of committing a criminal offense, the police should inform you of your Miranda rights before questioning you.
A minor may invoke their Miranda rights and not make any statement unless they have an attorney present. Also, although a minor may request to have their parents present before any questioning by law enforcement, the police are not required to inform a minor of this before taking a statement or interrogating the minor. School officials, teachers, and counselors do not have to advise a minor of his constitutional rights before questioning unless they are doing so at the direction of the police.
I strongly 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.
