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Can police question a 15 yr old about a felony offense without

 
ScottyMacEsq's Avatar
  • Answered by:ScottyMacEsq
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Customer Question

Can police question a 15 yr old about a Felony offense without his parents being present

Submitted: 404 days and 10 hours ago.
Category: Criminal Law
Value: $43
Status: CLOSED

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Expert:  ScottyMacEsq replied 404 days and 10 hours ago.


ScottyMacEsq :

Thank you for using JustAnswer. Yes there is no constitutional right for parents to be present or even notified of teen questioning. If he asked for a lawyer and was denied one and then questioned then his rights have been violated. Note that a confession by a juvenile or teenager under 18 bears special scrutiny by the courts, because the police often do not allow them to talk to parents or a trusted adult before or during questioning, and many times a youngster is intimidated by the police more easily that an adult, and will have his free will overcome. A juvenile will sometimes say he understands his rights to avoid appearing ignorant or stupid to the police. So a court will determine if any confession or other statement against interest was coerced or forced, but there is no right to have ones parents present. A juvenile still does have a right to an attorney, as found under Miranda v. Arizona. But a juvenile does not have a right to have any other party (including a parent) present.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!

Customer :

How soon do the police need to notify the parents of an arrest?

ScottyMacEsq :

There's no set time period. Rather, the courts view the juvenile just like an adult, able to contact his or her own parents (or lawyer, etc...) with his "phone call". (That's another misconception, in that typically individuals are not limited to just one phone call, and often the holding areas will have phones in them). Now it might be possible that a state or local municipality has enacted some law / ordinance / regulation that states that a police department has to notify parents, etc... but there's no federal or constitutional rule.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!

Customer :

Thanks

ScottyMacEsq :

My pleasure. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!

ScottyMacEsq :

Did you have any other questions before you click "accept"?

ScottyMacEsq :

Please note that I do not get any credit for the time and effort I spent on this (or any question) unless and until you select "accept". Thank you, and again, good luck to you!

ScottyMacEsq :

Are you still there?

ScottyMacEsq :

Should I continue to await your response, or can I assist other customers that are waiting?

ScottyMacEsq :

My apologies. I must assist the other customers that are waiting. If you have any other questions, please let me know, and I will get to them as soon as possible. If not, please select the "accept" button so I can get credit for my work and the time that I spent on your question. Thank you, and again, good luck to you!

ScottyMacEsq :

I see that you have not responded in some time. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!

Expert TypeLawyer
Category: Criminal Law
Pos. Feedback: 98.1 %
Accepts: 332
Answered: 3/19/2012

Experience: Licensed Texas General Practice Attorney

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