Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal
Can you marandi's and question a 15 year old without a parent or legal representation? (in SC)
Yes...the police can advise a minor of his rights to remain silent even if they have not spoken to the parents or provided the minor a lawyer.
The 5th Amendment of our Constitution applies to minors...so the police MUST inform the minor of his rights to remain silent (not incriminate himself).
The question will be, was your child old enough to understand the warning. "The trial
judge must determine if under the totality of the circumstances a statement was knowingly, intelligibly, and voluntarily made." State v. Miller, 375 S.C. 370, 379, 652 S.E.2d 444
SO its not automatic that his statement made after "waiver" of rights will come into evidence...the court
will look at all the circumstances to see if he understood the waiver.
But to answer the question, yes the police can ask a minor to waiver their rights under the 5th Amendment of our Constitution (Miranda rights
Let me know if you have more questions