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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33284
Experience:  16 yrs. of experience including criminal law.
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My 15 year old son has been charged with hacking into the schools

Customer Question

My 15 year old son has been charged with hacking into the schools computer system. He used a Ipod application he downloaded from I tunes to go onto LANSchool the schools computer system. This slowed the system down. He was questioned by the school resource officer and asked to sign a statement of his confession. Can you marandi's and question a 15 year old without a parent or legal representation?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Question

Can you marandi's and question a 15 year old without a parent or legal representation? (in SC)

 

Answer

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

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