Questioning a child

Get Legal Help Today

 Secured with SHA-256 Encryption

Questioning a child

can the police question a child without a parent being present in Los Angeles Ca.

Asked on June 19, 2009 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the child was not in custody, it is perfectly legal for the police to question a child without their parent(s) present.  This typically happens when an officer has a reasonable belief that a minor has violated the law.  In that instance, the officer can detain the minor to conduct an investigation and during this initial detention, police are not required to let a minor call his parents.   

Minor's have the right to call their parents if the minor is arrested and taken to the police station or juvenile hall.  The minor also has the right to have their parents present during a custodial interrogation that implicates the minor's Miranda rights.   For example, if a child is questioned at school it has successfully been argued that this can constitute custody.

Note:  And as with anyone, regardless of age, if in custody and not given the Miranda warning no statements made by them can be used later.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption