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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111467
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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my 17 year old was questioned and tape recorded by a criminal

Resolved Question:

my 17 year old was questioned and tape recorded by a "criminal defense investigator" without my permission or knowledge in the state of CA. Is this legal?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
Unfortunately, this is not unlawful in California or any other state for an investigator or even law enforcement to speak to a minor regarding a crime either as a witness or a suspect. The laws in CA do not mandate that a parent be notified or even present. Therefore, the investigator did nothing wrong and if this was an investigator and not law enforcement your son had every right to refuse to speak to the investigator. Whether or not you want him to go to court, you have no legal rights to prevent him from going to court if he is subpoenaed to testify in the matter. If he does not honor the subpoena, the court can hold him in contempt and issue a warrant for his arrest and come and jail him and if it comes out that you were the one who prevented him from honoring the court order then the court can jail you as well.


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