IS IT ILLEGAL IN THE STATE OF OKLAHOMA TO QUESTION A MINOR WITHOUT THE PRESENCE OF A LAWYER OR PARENT EVEN IF THE PARENT CONSENTS?

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IS IT ILLEGAL IN THE STATE OF OKLAHOMA TO QUESTION A MINOR WITHOUT THE PRESENCE OF A LAWYER OR PARENT EVEN IF THE PARENT CONSENTS?

I ALLOWED MY 2 MINOR CHILDREN TO BE QUESTIONED BY THE DISTRICT ATTORNEY AND INVESTIGATOR AND NOW I AM TOLD THAT SINCE I WAS NOT IN THE ROOM AND A ATTORNEY WAS NOT PRESENT THAT THEY BROKE THE LAW AND I REALLY NEED TO KNOW IF THIS IS TRUE.

Asked on May 31, 2009 under Criminal Law, Oklahoma

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to talk to an attorney in your area who is familiar with the juvenile justice system.  Whether or not this was allowed by law depends on a lot of facts, more than what you could put in your question, and there are some variations in this area of the law, from one state to another.  One place to find a lawyer who can help you with this is our website, http://attorneypages.com

Some of the questions would cover things like the ages of the children, what they were being questioned about, who was advised of what constitutional rights and when, just to start.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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